- (1.) Heard Sri G.C. Verma, learned Counsel for the applicants and Sri A.M. Tripathi, learned Counsel for the Respondents.
(2.) Applicants approached this Court for redressal of their grievances by filing Writ Petition No. 3148(SS) of 2010 (Jay Bahadur Singh and Anr. v. State of U.P. and Ors.). On 6.8.2010, an order passed quoted herein below: Heard learned Counsel for the Petitioners. Notice on behalf of opposite parties No. 1 to 3 has been accepted by the learned Standing Counsel while notice on behalf of opposite parties No. 4 and 5 has been accepted by Sri A.M. Tripathi, who pray for and are granted four weeks' time for filing counter-affidavit. Petitioners may file rejoinder affidavit within two weeks thereafter. List after expiry of the aforesaid period. Submission of learned Counsel for the Petitioners is that the Petitioners were appointed in accordance with the sanctioned strength which was prevailing prior to the issuance of the Government Order dated 2.7.1990 but at the time when the Institution was brought under the grant-in-aid, approval was granted in respect of three posts by the Government as well but later on while granting approval, the BSA has accorded approval of salary in respect of one post only and has declined to make payment in favor of the other persons. The Government Order in this regard is very clear and it stipulates that the sanctioned strength of class-IV employees prior to the issuance of the Government Order was three in Junior High Schools, therefore, they will continue in the same capacity. As and when the said class-IV employees are retired, the post will come to an end and one post will continue in respect of Junior High School. Therefore, the claim of the opposite parties that salary cannot be paid to the Petitioners is devoid of merit. Considering the aforesaid facts, operation of the order dated 17.2.2010, contained in Annexure No. 1 to the writ petition, shall remain stayed and the Petitioners will be paid their salary.
(3.) As per the version of the applicants, the same is not complied so the present contempt petition filed under Section 12 of the Contempt Court Act.;