PREM KUMAR Vs. MAHENDRA KUMAR SINGH D I O S MEERUT
LAWS(ALL)-2003-10-109
HIGH COURT OF ALLAHABAD
Decided on October 30,2003

PREM KUMAR Appellant
VERSUS
Mahendra Kumar Singh D I O S Meerut Respondents

JUDGEMENT

D.P.SINGH, J. - (1.) THIS contempt petition has been filed with the allegation that the opposite parties have deliberately and wilfully violated interim orders dated 15 -2 -2001 and 7 -5 -2001 passed by the writ Court in Writ Petition No. 5525 of 2001.
(2.) THE contempt Court issued notices on 20 -7 -2001 asking the opposite parties why contempt proceedings be not initiated against them. In response to the notice, affidavits have been exchanged between the parties. Father of applicant Late Rajpal Singh while working as Paricharak in the Kisan Inter College, Mohiuddinpur, Meerut died in harness on 6 -4 -1999. The applicant was also given appointment as Paricharak which was affirmed by the District Inspector of Schools, Meerut vide order dated 16 -11 -1999. The applicant joined and subsequently he also became a contributory to G.P.F. of the College. However, the District Inspector of Schools vide order dated 2 -2 -2001 directed the applicant to join as Paricharak against a substantive vacancy at Kisan Mazdoor Inter College, Atrada, Meerut. This order was made subject matter of the aforesaid writ petition wherein the following interim order was passed on 15 -2 -2001 : Till 22 -3 -2001, the operation of the impugned order dated 2 -2 -2001 filed as Annexure -4 to the writ petition shall remain stayed. Sd/ -R.K. Agrawal 15 -2 -2001" It is alleged that the said order was served on the Opposite Party No. 1 on 20 -2 -2001 alongwith an application. However, no action was taken inspite of several reminders. The applicant was not being allowed to function in either of the two institutions and as such again he made an application in the writ petition for modification of the stay order. The writ Court by a detailed order issued a direction to the opposite parties to permit the applicant to work at Kisan Inter College, Mohiuddinpur, Meerut and salary should be paid to him. Following orders were passed on 7 -5 -2001: Issue notice. Vide order dated 15 -2 -2001 the Court had stayed the operation of the impugned order dated 2 -2 -2001 filed as Annexure -4 to the writ petition. By the order dated 2 -2 -2001 the petitioner has been adjusted in Kisan Mazdoor Inter College, Atrada, District Meerut, whereas earlier he had been appointed at Kisan Inter College, Mohiuddinpur, District Meerut. The petitioner seeks modification of the said order by means of the present application. In Paragraph Nos. 6, 7 and 8 of the affidavit filed in support of the modification application, it has been stated that the Respondent No. 2 is neither permitting the petitioner to work at Kisan Inter College, Mohiuddinpur, District Meerut nor he is getting any salary as a result of which the petitioner is on the verge of the starvation. The effect of the staying the operation of the order dated 2 -2 -2001 was that his adjustment at Kisan Mazdoor Inter College, Atrada, District Meerut has been stayed consequent upon that he would remain in the earlier institution. There is no justification for the Respondent No. 2 in not permitting the petitioner to work at Kisan Inter College Mohiuddinpur, District Meerut. The respondents are directed to permit the petitioner to work at Kisan Inter College, Mohiuddinpur, District Meerut, and shall be paid salary. Sd/ -R.K. Agrawal 7 -5 -2001"
(3.) THE said order was also served on the opposite parties on 18 -5 -2001 alongwith an application. In spite of several reminders, forcing the applicant to file the present contempt petition.;


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