- (1.) This application under Section 12 of the Contempt of Courts Act has been filed alleging willful disobedience and non compliance of the order dated 22.05.2003 passed on Civil Misc. Writ Petition no. 22709 of 2003 and the order dated 22.08.2012 passed on Civil Misc. Writ Petition no. 40763 of 2012.
(2.) Facts are that father of the petitioner, who was working as teacher in Sri Jyotish Pith Sanskrit Mahavidyalaya, Alopibagh, Allahabad, died in harness on 21.08.2000. The petitioner was given compassionate appointment on the post of Clerk in the said institution and the same is alleged to have been duly approved by the competent authority.
(3.) Alleging that despite approval of his appointment, he is not being permitted by the management to discharge his duties as Clerk, he approached this Court by filing writ petition no. 22709 of 2003 wherein an interim order directing the respondents to permit the applicant to discharge his duties as Clerk and to be continued in service and paid salary was passed on 22.05.2003. The applicant approached this Court again by filing Contempt Application (Civil) No. 1580 of 2004 alleging non compliance of the order dated 22.05.2003 which was rejected on 25.11.2004 by passing the following order : "Heard counsel for the parties. This contempt petition has been filed with the allegation that inspite of the order dated 22.05.2003 passed in writ petition no. 22709 of 2003 the opposite parties are not allowing him to discharge his duties as clerk or paying his salary. The applicant claimed to have been appointed on compassionate ground and his appointment was duly approved by the competent authority as a clerk but he was not being permitted to discharge his duties and as such the aforesaid writ petition was filed where the said interim order was passed. Upon issuance of notice, a counter affidavit of opposite party no. 2 has been filed stating that the applicant was never appointed in the institution concerned and as such there was no question of payment of salary. It is further alleged that the opposite party no. 2 was not even impleaded as party in the said writ petition and there was no vacant post of clerk in the institution. Even though a rejoinder affidavit has been filed but no appointment letter or approval order has been annexed. It is not denied that in the pending writ petition, pleadings have already been exchanged. In view of the aforesaid, the applicant may get his right adjudicated in the pending writ petition but so far as this contempt petition is concerned, it is premature at this stage. Notices are discharged. Contempt petition is rejected. Consign to record.";