Shashi Kant Gupta, J. - (1.) THIS contempt petition has been filed alleging wilful and deliberate violation of the Judgment and order of this Court dated 14.10.2008 rendered in writ petition No. 53583 of 2006.
(2.) THE operative portion of the said order dated 14.10.2008 runs as under: In view of the aforesaid principle since the petitioner has already appointed in 1986 and they have been deprived the payment of salary from 1991 inter alia on the ground that the order dates 31.03.1986 was not a genuine document but subsequently, it was found genuine document and granted order for payment, therefore, the order passed by Director of Education, U.P. Allahabad, dated 11.07.2006 (Annexure - 5 to the writ petition) is hereby quashed. The writ petition is allowed. Opposite parties are directed to pay the salary including the arrears within a period of three months, it will be open for the opposite parties to dispense with the services of the Junior Most Persons if they are working. Before proceeding further, to deal with the matter, it would be appropriate to take note of few orders passed by this Court in this contempt application to indicate that several opportunities were given to the opposite parties to comply with the order passed by the writ court.
(3.) THE relevant portions of the orders dated 2.7.2010 and 19.7.2010 are quoted below: Heard learned Counsel for the applicant and the learned Standing Counsel. In the affidavit of compliance filed by the District Inspector of Schools, Sant Kabir Nagar (opposite party No. 2) it was stated in paragraph No. 6 that current salary is being paid to the applicant month to month from March, 2009. Further in paragraph 7 of the said affidavit of Pramod Kumar, opposite party No. 2 it was stated that so far as the payment of arrears of salary is concerned the same is in process and it is hoped that the same shall be paid within a further period of three weeks. This affidavit was filed in August, 2009. More than 11 months have passed since filing of this affidavit. According to the learned Counsel for the applicant the arrears of salary has not been paid till date. Learned Standing Counsel is also not in a position to state about the current position and any development which may have taken place on the averments contained in the said affidavit of compliance. List this matter on 19.7.2010. By the said date if arrears of salary are not paid to the applicant and an affidavit to that effect is not filed, the opposite party No. 2 shall remain present before this Court. 19.7.2010 Pursuant to the order dated 2.7.2010, Sri Pramod Kumar, District Inspector of Schools, Sant Kabir Nagar is present. Further, Sri K.R.Singh, learned standing counsel, has filed an affidavit on his behalf. As per the affidavit, the bill for arrears of salary was received by opposite party No. 2 only in the month of June 2010 from the Management and thereafter the same has been forwarded to the Finance Controller of the office of the Director of Education (Secondary) for release of the Budget along with covering letter dated 14.7.2010. Sri K.R.Singh, has prayed for three months' time to ensure the actual payment of the arrears. Learned Counsel for the applicant objected to grant of period of three months as according to him the judgment of the the Writ Court is dated 14.01.2008 and further an affidavit was filed in August, 2009 praying for three weeks' further time to ensure the payment, but till date the same has not been made. In the opinion of the Court, sufficient time has elapsed, as such, only six weeks' time is allowed to the opposite party to ensure the actual payment of the amount of arrears due to the applicant. It is made clear that the concerned sanctioning authorities of the arrears would not delay the matter further and ensure that the arrears are paid within the time allowed by the Court. A copy of this order may be sent to the officers of the Directorate as also the Government to ensure early compliance. List on 13.9.2010. By the said date, if actual payment of arrears is not made, the opposite party No. 2 shall again remain present along with an affidavit stating the reasons as to why the payment has been delayed.;