Devendra Pratap Singh, J. - (1.) THE facts would be evident from the following portion of the order dated 17.9.2010: Heard learned Counsel for the petitioner and learned standing counsel for the State. The petitioner's ad hoc appointment was held to be valid by judgment dated 16.05.1997. The petitioner was also found entitled for payment of salary in compliance of the said direction. The District Inspector of Schools has passed the impugned order indicating that the salary shall be paid with effect from the date of passing of the order dated 16.04.1998 and not prior to that. Prima facie, the said view taken by the District Inspector of Schools is erroneous, inasmuch as, the writ petition was allowed on 16.05.1997. This judgment has become final. The District Inspector of Schools cannot therefore alter the date from which the petitioner is entitled for payment of salary in terms of the judgment dated 16.05.1997. The District Inspector of Schools, Ballia shall therefore show cause within three weeks as to why the Court may not recommend disciplinary action to be taken against him as also the then District Inspector of Schools, who had passed the impugned order keeping in view the aforesaid status of the employment of the petitioner which stands categorically saved in terms of the judgment dated 16.05.1997 as in the opinion of the Court, the action of the District Inspector of Schools under the impugned order is even otherwise contemptuous apart from being contrary to law. The cause may be shown by 2nd August, 2010 or in the alternative the petitioner be released his salary. List on 2nd August, 2010. But neither the officer appeared nor complied with the order. Therefore, another chance was given on 2.8.2010. Today the officer is present and states through learned Standing counsel that for compliance of the order, some time may be granted. Accordingly, list on 25.8.2010 by which time the order should be complied and affidavit to that effect be also filed giving the details of payment together with calculation." In pursuance thereof, a short counter affidavit has been filed by Sri Hriday Ram Azad, DIOS, Ballia stating that on 23rd of August 2008 he has asked the management to furnish the salary bill of the petitioner, so that payment can be made to the petitioner and he is awaiting for the bills. The DIOS and the Management are directed to ensure by the next date the entire payments are made, failing which the manager of the Institution and the DIOS, Ballia both will appear. List on 17th of September 2010. However, neither the D.I.O.S., Ballia nor the Manager of Jai Prabha Kanya Inter College, Tillali, Baghuri, District Ballia has appeared. Thus the court is left with no other option but to issue bailable warrants to secure their presence on the next date. List on 8.10.2010.
(2.) TODAY the Manager Shri Rajdhari Singh is present along with his compliance affidavit stating that on issuance of bailable warrants he received intimation from the District Inspector of Schools about the aforesaid order dated 25.8.2010 and thereafter contacted the office of the District Inspector of Schools and after going through the order dated 17.9.2010, immediately he submitted the salary bill of the applicant from 23.8.1991 to 15.4.1998 amounting to Rs. 2,52,683/ -in the office of the District Inspector of Schools. However, no calculations have been given and there is no averment that he did not receive the letter dated 23.8.2008 or the letter dated 24.9.2010. The present District Inspector of Schools, Shri Yogendra Kumar Singh has filed his counter affidavit along with an application stating that he took charge of the office on 16.9.2010 and when he was intimated about the order of this Court dated 17.9.2010 through the letter of the Chief Standing Counsel dated 20.9.2010, he immediately enquired into the matter and found that a letter had already been sent to the Management and the Principal dated 23.8.2010 asking them to submit salary bill but it was not complied and therefore, a reminder dated 24.9.2010 was also sent whereafter the institution submitted the salary bill only on 1.10.2010 and after receiving the same it was examined at the level of the Accounts Officer whereafter he approached the Directorate which sanctioned the budget vide order dated 7.10.2010 and the payments would be made within the next two weeks.
(3.) LEARNED Counsel for the Management and the District Inspector of Schools may file a better affidavit keeping in mind the observations made hereinabove. The respondents will also show cause why interest be not saddled on them for the delayed payment of the amounts.;