Vikram Nath, J. - (1.) ON 10.08.2011 the following order was passed - Heard Sri Ashok Kumar Pandey learned counsel for the applicant, learned Standing Counsel for the State respondents and Sri Sudhakar Pandey who represents one Sri Mritunjai Rai who filed Contempt Petition no. 2434 of 2008 the record whereof is connected with this contempt petition. Contempt has been alleged in this petition of the order dated 4.10.1993 passed in Writ Petition no. 20320 of 1991 and order dated 17.9.2009 passed in Special Appeal no. 397 of 1993. This contempt petition and the dispute raised herein has a very chequered journey including the filing of Public Interest Litigation by certain persons. The institution in question in this contempt petition is Field Marshal General Manik Shah Intermediate College, Nautan Hathiya Garh, District Deoria. Ultimately, the matter was considered by a Division Bench of this court in Civil Misc.(PIL) Writ Petition no. 55475 of 2010 (Ganesh Yadav Vs State of U.P. & Others). Relief claimed in prayer (a) was as quoted hereunder: - Issue a writ, order or direction in the nature of mandamus directing to the opposite parties to take appropriate action against guilty teachers/employees; officials/officers, Manager/Principal by considering the enquiry report submitted by Principal Secretary (Secondary Education) (Annexure No. 10 of the writ petition). The writ petition was dismissed by the judgment dated 23.5.2011. A copy of the judgment has been filed along with an impleadment application dated 5.7.2011 filed on behalf of the applicant. From a perusal of the judgment it appears that the Division Bench has clearly recorded that the question is whether it is open to this court to now sit in appeal over judgments which have become final and the SLPs' against those judgments have already been dismissed. It was observed that once that be the case the judgments are binding on all authorities including this court. The court considered the various writ petitions filed to not pay the salary of some teaching and non teaching staff of the Field Marshal General Manik Shah Intermediate College and found that the writ petitions have been dismissed. Hence the orders contempt whereof is alleged are still surviving and there is no stay or any other impediment for the enforcement of such orders. Consequently, in so far as the restraint made upon the State authorities with regard to compliance of the orders passed in the writ petition and Special Appeal contempt where of is alleged appear not to exist any longer and there is no reason why the State authorities shall not comply with the order dated 4.10.1993 passed in Writ Petition no. 20320 of 1991 and order dated 17.9.2009 passed in Special Appeal no. 397 of 1993. Learned counsel for the applicant informs that the issue of fake appointments was enquired in pursuance of directions issued by the High Court earlier and an enquiry report was submitted to the State Government and is under consideration. In so far as the said submission is concerned in case the enquiry report is accepted by the State Authorities in the absence of any order issued by the High Court for action to be taken then that will be a totally separate cause of action primarily for the reason that an illegality itself invites its consequences and that can be a subsequent cause of action. The PIL No. 55475 of 2010 was dismissed with costs with an observation that the enquiry report is contrary to the directions issued by the High Court in the writ petitions of the years 1991, 1992 and 1993. Under such circumstances the order of the writ court in Writ Petition no. 20320 of 1991 and the order passed in Special Appeal no. 397 of 1993 are to be complied with. Let a certified copy of this order be placed before the Principal Secretary, Secondary Education, Government of U.P. Lucknow for appropriate action/orders in accordance with law. The Principal Secretary, Secondary Education, Government of U.P. Lucknow is required to pass orders in accordance with law within a period of two months from the date of communication of certified copy of this order and submit the report in this contempt petition immediately on expiry there of. Let a certified copy of this order be given to learned counsel for the applicant on payment of usual charges and to learned Standing Counsel free of charge within 48 hours."
(2.) THEREAFTER on 14.11.2011, as the the directions contained in the order dated 10.08.2011 had not been complied with this Court passed the following orders - In spite of time having been granted to learned Standing Counsel to bring the order/report passed by the Principal Secretary (Secondary Education) Government of U.P., Lucknow, on record within two months by the order dated 10.08.2011 (order -sheet), learned Standing Counsel prays for two weeks further time to comply with the same. As prayed by learned Standing Counsel, let this matter be listed on 16.12.2011 on which date in case the order is not complied with the Principal Secretary (Secondary Education), Government of U.P., Lucknow, shall be personally present in this Court to answer the contempt petition. List on 16.12.2011. Pursuant to the order dated 14.11.2011 Sri Jitendra Kumar, Secretary (Secondary Education), Government of U.P., Lucknow is present in Court. Sri P.K. Pandey, learned Standing Counsel has filed an affidavit on his behalf along with an application, seeking exemption from personal appearance on future dates and also praying for two months time to proceed further with regard to the orders dated 10.8.2011, 14.11.2011 (passed on the contempt application) and 4.10.1993 (passed on the writ petition).
(3.) IN paragraph 16 of the affidavit it has been stated that for making compliance financial burden on the State would be to the tune of approximately Rs.10 crores and as such for payment of such a huge amount, necessary sanction of the competent authority would also be required and for this reason two months time has been prayed for. Upon specific query raised by the Court Sri P.K. Pandey, learned Standing Counsel, upon instructions, from Sri Jitendra Kumar, Secretary (Secondary Education), Government of U.P., Lucknow informed that the competent authority, referred to in paragraph 16 would relate to the Principal Secretary (Finance), Government of U.P. as also the Chief Secretary of the State.;