- (1.) The following order was passed on 29.1.2010. The following order was passed on 20.11.2009: The following order was passed on 3.11.2009: Heard Counsel for the parties. The applicant was appointed as a Clerk in June, 1981 in Maharaj Sri Dandi Swami Keshwashram Higher Secondary School Gunai Gaharpur, Meja, Allahabad. The said institution was upgraded to High School with effect from 3.11.1983. The services of the applicant were duly regularized on 7.10.1988 by the District Inspector of Schools. The said institution was taken in grant-in-aid list with effect from 1.4.1996 when the Director raised a question about eligibility of the applicant and remanded his case to the District Inspector of Schools vide dated 27.6.1998. The said order was subjected to challenge in writ petition No. 31925 of 1998. After exchange of pleadings, the said writ petition was allowed vide judgment and order dated 24.4.2007 by the following operative portion. For the reasons stated above, the writ petition succeeds and is allowed. The petitioner shall be paid salary for the post of Clerk w.e.f. 1.4.1996 till date and shall be entitled to receive future salary, month by month, as and when due. The impugned order dated 27.6.1998. (Annexure-7 to the writ petition) is quashed. No order as to costs. Despite the specific direction, the salary was not forcing him to prefer the present petition. Upon issuance of notice, opposite party No. 1 has filed an application seeking further time for compliance of the writ judgment supported by an affidavit. He has referred to a letter dated 16.8.2007 sent by him to the Joint Director of Education for compliance of the writ judgment and followed it by another letter to the Director of Education dated 18.3.2009. The matter was also referred to the State Government through Secretary and preparation was made for filing special appeal. It is also evident from the said affidavit that several officials and the Minister for Education has also directed for compliance of the writ judgment but till date there is no compliance. The State was a party in the writ petition while Director is also aware about the writ judgment but till date it has not been complied even though more than one and half years have elapsed. It needs no reiteration that every person who has any role in compliance of the writ judgment, has to execute his role within a reasonable time or else he is also liable for contempt. Accordingly, the opposite party No. 1, the Principal Secretary, Secondary Education, Government of Uttar Pradesh, Director of Secondary Education, U.P. shall appear in person on the next date to show cause why they should not be punished under section 12 of the Contempt of Courts Act for deliberate and wilful violation of the writ judgment. Let a copy of this order be given to Sri K.R. Singh, learned Standing Counsel within twenty four hours. List on 20.11.2009 In pursuance thereof, the Secretary and the District Inspector of Schools are present and it is stated at Bar that the Director could not present himself as he is engaged in the marriage of his daughter. A compliance affidavit has been filed stating therein that a cheque of Rs. 6,92,811/- dated 13.11.2009 drawn in favour of the applicant reflecting the salary for the period between 1.4.1996 and 31.1.2007 has been prepared. The same has been handed over to the learned Counsel for the applicant, who has issued a due receipt thereof. However, the calculation for computing the aforesaid amount should also be brought on record by the next date. It is evident that the applicant has since retired on 31.1.2007, the opposite party may fix his pension etc. and other retiral dues to be paid within two months. List for further orders on 29.1.2010 when a compliance affidavit be filed. If the aforesaid order is complied, the opposite party need not appear. In pursuance thereof, second affidavit of compliance has been filed sworn by the District Inspector of School, Allahabad stating that after recalculation amount of Rs. 5,061/- was still outstanding and therefore, the cheque dated 19.1.2010 has been paid to the applicant. It is also stated that pension payment dated 12.1.2010 has already been issued by the Deputy Director of Education, 4th Region, Allahabad and the matter has been sent to the Treasury Officer where after fulfilling certain requirements the amount would be paid to the applicant. Calculation chart with regard to the arrears has already been annexed, Let a reply, if any, be filed by the next date. List on 19.2.2010. However, no objection to the compliance affidavit has been filed. Thus, it appears that the writ judgment has been complied.
(2.) Accordingly, notices are discharged. Contempt petition is rejected and consigned to record. Rejected.;