Rajes Kumar, J. - (1.) Present petition has been filed with allegation that the opposite parties have violated the following direction given by this Court vide order dated 6.2.2002 in Company Misc. Application No. 4 of 1997 : "(3) In the matter of payment of salaries to the teaching and non-teaching staff of primary schools : It is reported that there are seven primary schools which were run by the company (in liquidation) out of these, three primary schools are at Churk Cement Factory, one at Gurma and three at Dela Cement Factory and that there are in all about 62 teaching and non-teaching staff in these schools. These teachers, employees have not been paid their salary from 13.7.1998. U. P. State Cement Corporation Ltd. (In liq.) was wholly owned and controlled by the State Government and that the company was a Government Company under Section 617 of the Companies Act, 1956, which was wholly owned and controlled by the State Government, and was thus a instrumentality of the State. The U. P. Basic Education Act, 1972 provided for taking over the Primary Schools run by Local Bodies, to be managed by the Basic Education Board, for which grant comes under planned expenditure of the State of U. P. Even after company has been wound up, and is under liquidation, the State Government which was running and managing the institutions avoid its obligation to take over the responsibility and to provide primary educational facilities as a mandate by Constitution of India. In facts and circumstances of the case and looking into the interest of the school going children of the area, which include the children of company workers, employees and other children of the area as well, Secretary of Education Basic, U.P., is directed to consider the matter to take over these primary schools, under U. P. Basic Education Board, and to provide financial aid to these schools. He shad consider the matter and issue necessary orders with intimation to the official liquidator without four weeks."
(2.) On behalf of opposite party No. 1 an affidavit of compliance has been filed. In paras 5 and 6 of the affidavit, it has been stated that in compliance to the order dated 6.2.2002, an order dated 12.2.2004 has been passed and the copy of the same was sent to official liquidator. The copy of the order dated 12.2.2004 has been annexed as Annexure-1. Order dated 12.2.2004 reads as follows : ..(VERNACULAR MATTER OMMITED)..
(3.) In para 5 of the rejoinder-affidavit, it has been stated that more than two years have been passed from passing of the judgment and order dated 6.2.2002 by this Hon'ble Court and during the entire period schools are running as before and applicants and other teachers have been discharging their duties as Principal and Head Master and teachers and educating the children but had not been paid even a single paisa for the work taken from them from 6.2.2002. It is further stated that the apology offered by the contesting opposite parties are a farce and is a pretension calculated to deceive and cheat this Court and to harm the children studying in the primary schools and the teachers, employees and other staff of the schools, who are discharging their duties in accordance with the directions of this Hon'ble Court. It is further stated that the order of compliance clearly shows that contesting opposite parties have no concern with the welfare of children and to their interest as well. It is also stated that the U. P. Cement Corporation Limited is established by the Government of Uttar Pradesh under Section 617 of Companies Act, 1956, which is a Government Company. As such U. P. State Cement Corporation Limited even prior to its liquidation was a Government Company and all the posts of these were created by the State Government and without its prior sanction no post could be created. It is further stated that the alleged order of compliance stating that U. P. Cement Corporation Limited has seven primary schools and none of them have even recognised by Basic Shiksha Parishad is untrue. A communication dated 21.11.1996, which was sent by Basic Education Officer, Sonebhadra to the Managing Director/Manager of the Schools Cement Cotton Mills, Churk, Sonebhadra clearly stating that the schools are recognised schools and the provisions of U. P. Basic Education Act, 1972 are fully applicable to it and as such the suspension of the Head Master of the school without prior approval of the District Basic Education Officer, Sonebhadra is wholly invalid. A letter of the District Inspector of Schools, Sonebhadra dated 26.12.1992 has also referred, in which it is stated that the primary schools at Churk and Gurma have been recognised by order dated 14.12.1956. This communication was sent to the Madhyamik Sangh, Sonebhadra. It has been further stated that the matter regarding the grant of recognition to primary schools situated at Churk and Gurma had come to the notice of this Court in various cases and this Court held that primary schools being run by U. P. State Cement Corporation Limited, Churk and Gurma are recognised institutions. On the basis of the aforesaid averment, it is stated that the order dated 12.2.2004 is illegal and full of mala fide. It has also been submitted that the opposite party is playing subterfuge and therefore, committed contempt. In support of his submissions he relied upon the decisions, namely, AIR 1970 SC 1767 ; 1998 (4) Supreme 417 ; JT 2000 (1) SC 337 ; AIR 1979 SC 49 (7) ; 1997 (1) AWC 2-119 : AIR 1987 SC 294 ; (1998) 3 SCC 127 ; AIR 1996 SC 205 ; 1990 ALR 144.;