- (1.) Heard.
(2.) The present contempt petition has been filed alleging non compliance of the judgment and order dated 02.05.2017 passed in Special Appeal Defective No. 178 of 2017 Inre; Smt. Kamla Devi Vs. State of U.P and Ors, a copy of which is annexure 1 to the petition. While deciding the special appeal, the Division Bench had partly allowed the special appeal on the same terms and condition as had been mentioned in the Special Appeal No. 124 of 2017 Inre; Amar Singh Vs. State of U.P and ors. The special appeal in the case of Amar Singh (supra) had been decided on 24.03.2017, a copy of which is annexure 2 to the petition whereby the Division Bench had held the appellant entitled for his entire salary and all such benefits till the end of session to which she was entitled to continue. It is had also been directed that the arrears of salary shall be released within one month. It is appears that aggrieved against a similar the Division Bench order, an SLP numbered as Special Leave to Appeal (C) No. 26614 of 2017 had been filed numbered as Special Leave to Appeal (C) No. 26614 of 2017 Inre; State of U.P and ors Vs. Babadin Yadav.
(3.) When the judgment of the Division Bench was not complied with, the applicant preferred Contempt Petition No. 1295 of 2017 Inre; Smt. Kamta Devi Vs. Masihuzzama Siddique. However, it was indicated that in a similar matter, the Hon'ble Supreme Court has stayed the Division Bench judgment by which salary was to be paid for the period of extension of service. In this view of the matter, the contempt Court vide its order dated 16.11.2017, a copy of which is annexure 4 to the petition disposed of the contempt petition with a liberty to the applicant to approach the Court again after disposal of Special Leave Petition. Later, the SLP preferred against the similar judgment of the Division Bench was dismissed vide order dated 03.07.2018. Thereafter, the applicant preferred an application to the competent authority on 03.04.2019 praying for compliance of the judgment passed by the Division Bench in his case decided on 02.05.2017, copy of the said application is part of annexure 5 to the petition. When the order was not complied with, the present contempt petition has been filed.;