- (1.) The present appeal, under Section 19 of the Contempt of Courts Act, 1971, has been filed by Principal Secretary Home, Government of U.P. Lucknow and Director General of Police, U.P. Lucknow, questioning the legality and correctness of the order dated 05.03.2014, passed by learned Single Judge of this Court in Civil Misc. Contempt Petition No. 1140 of 2009; Pawan Kumar Singh & others Vs. Kunwar Fateh Bahadur Singh, Principal Secretary, Lucknow & others, whereby the learned Single Judge, while observing that a prima facie case of non compliance of the judgment of the writ Court is made out, has directed both the appellants to remain present before the Court on the date fixed.
(2.) Heard Sri Ramesh Upadhyay, learned Chief Standing Counsel, assisted by Sri Neeraj Upadhyay, learned Additional Chief Standing Counsel and Sri Piyush Shukla, learned Standing Counsel, for the appellants and Sri G.K. Singh, assisted by Sri H.P. Sahi, learned counsel for the respondents. Perused the record.
(3.) The order assailed in this appeal, for convenience, is quoted below:- "Heard learned counsel for the applicants and Sri Ramesh Upadhyay, learned Chief Standing Counsel, representing the Principal Secretary (Home), U. P. Government, Lucknow and the Director General of Police, U.P., Lucknow. Services of about 20,000 constables of civil police (including the applicants) were terminated enmass in the year 2007 by a couple of Government orders. The Government orders were challenged by way of large number of writ petitions which were clubbed together and the writ Court vide order dated 8th December, 2008 allowed the writ petitions and quashed the Government orders whereby the termination had been directed. The State Government preferred intra court appeals which were also dismissed by the Division Bench on 4th March, 2009. Thereafter contempt proceedings were initiated. In the meantime the State Government filed Special Leave Petition before the Apex Court and ultimately under interim order of the Apex Court dated 25.5.2009 the terminated constables were given appointment letters and were allowed to join on 27.05.2009. Subsequently the Special Leave Petition has been got dismissed as withdrawn by the State on 3.3.2013. The effect of the dismissal of the Special Leave Petition as withdrawn is that the judgement of the writ Court stands affirmed and its implementation is to be considered. The effect of the termination orders being quashed would be that there was no termination order in the eye of law and the terminated employees would be deemed to be in continuous service and entitled to all consequential benefits. It is not an issue that all the terminated constables have been reinstated w.e.f. 27.5.2009 and they are receiving their salary ever since then. The only issue which remains to be considered is as to whether they would be entitled to uninterrupted service benefits from the date of entering into service and also with regard to their entitlement to payment of salary / back wages for the period they have remained under termination i.e. from the date of termination till the date of reinstatement. According to Sri Upadhyay the judgement of the writ Court has been fully complied with and nothing further remains to be implemented. Learned Chief Standing Counsel has relied upon large number of decisions of the Apex Court and this Court in support of his argument that until and unless the Court while allowing the writ petition had also directed for award of back wages and consequential benefits, there can be no claim or justification for payment of back wages. Further according to him this is also the stand taken by the State as is apparent from the affidavit dated 03.03.2014 duly sworn by the Special Secretary (Home). On the other hand learned counsel for the applicants submitted that once termination had been quashed all the terminated employees were entitled to full back wages and consequential benefits as the writ Court had not given any direction for reducing their back wages on the principle of no work no pay. It is also case of the applicants that writ Court had found that the termination enmass by the Government was illegal and once termination was held to be illegal, applicants would be entitled to all the benefits. It has also been submitted that the applicants and all other constables in any case would be entitled to their salary from the date of judgement of the writ Court. The Division Bench as also the Supreme Court had dismissed the intra Court appeal and the Special Leave Petition. It may be an arguable case that applicants may not be entitled to back wages for the period when the orders for termination were in force but there can be no issue that applicants would not be entitled to the salary from the date of judgement of the writ Court. Thus, prima facie case of non compliance of the judgement of the writ Court is made out. Accordingly, the Principal Secretary (Home), U.P. Lucknow and the Director of General of Police, U.P. Lucknow need to be summoned. Since this matter is engaging attention of the Government for quite some time, learned Advocate General and learned Chief Standing Counsel have already appeared on a number of occasions and the stand taken by them has already come on record it is not necessary to issue formal notices to the present Principal Secretary (Home) and the Director General of Police. Sri Anil Kumar Gupta, present Principal Secretary (Home) has already been arrayed as opposite party no.7. Upon oral request learned counsel for the applicant is permitted to implead Sri Anand Lal Banerjee, Director General of Police, U.P. Lucknow, as opposite party no.8 during the course of the day. Sri Upadhyay, learned Chief Standing Counsel accepts the notices on their behalf and shall communicate them of this order. List this case on 13th March, 2014. On the said date the Principal Secretary (Home) and the Director General of Police, U.P. Lucknow would remain present before this Court. A copy of this order may be provided to Sri Ramesh Kumar Upadhyay, learned Chief Standing Counsel, free of costs within 24 hours for necessary compliance.";