Sanjay Misra, J. - (1.) SUPPLEMENTARY affidavit filed by learned Counsel for the Applicant be taken on record. Learned Counsel for the opposite party has filed an affidavit along with an exemption application today. Let the same be taken on record. Office is required to give number to the application.
(2.) LEARNED Counsel for the opposite party has also filed an affidavit of compliance as also one counter affidavit. Let the same be taken on record. Contempt has been alleged of the interim order dated 8.7.2010 passed in writ petition No. 45238 of 2007 whereby it was provided that in case the Applicant had been formally promoted on the post of Head Clerk he shall be permitted to assume charge and discharge his duties, functions and responsibilities of the post provided there is no legal hurdle in doing so. It has been stated that the Committee of Management filed a Special Appeal No. 1247 of 2010 against the judgment of the learned Single Judge which has been dismissed on 10.8.2010.
(3.) AN affidavit of compliance has been filed by the Principal of the institution although he is not a party in this contempt petition. It has been stated that by an order dated 4.4.2011 the Applicant has been designated as Head Clerk and has been instructed to work as such. Learned Counsel for the opposite party states that when the opposite party who is Manager of the institution has passed an order dated 4.4.2011 it is a complete compliance of the directions issued in the interim order of the writ court. In the affidavit supporting the exemption application sworn by the Principal of the institution it is stated that the opposite party is very old and has suffered fracture hence is not able to come in person before the court and therefore her presence may be exempted.;