- (1.) A. P. Sahi, J. The applicant, widow of late Ajai Bahadur Singh, has instituted these contempt proceedings, alleging disobedience of the directions contained in the judgment of this Court dated 12-8-2005, by which the concerned educational authority was directed to decide the claim of the payment of arrears of salary of late Ajai Bahadur Singh for the period 11-4-1996 to 12-12-1997 and payment of family pension to the applicant.
(2.) THE facts giving rise to this matter are that a vacancy on the post of lecturer in commerce occurred on 30-6-1996 due to the retirement of the permanent incumbent Sri Ram Raj Lal, in Indra Bahadur Singh National Inter College, Bhadohi, District Sant Ravidas Nagar. It appears that before the actual vacancy occurred, steps under the U. P. Secondary Education Services Selection Boards Act, 1982, read with the regulations framed thereunder, were undertaken for advertising the same for holding selections. The applicant's husband, late Ajai Bahadur Singh was selected under the Schedule Caste category for which the post in question was reserved. It appears that one Yogendra Bahadur Singh claimed the said post by virtue of same order dated 5-11-1992 passed in W. P. No. 20921 of 1992 who sought continuance on ad hoc basis. Nonetheless an application was moved by Ajai Bahadur Singh before the District Inspector of Schools for joining on the post upon which communications emanated from the office of the District Inspector of Schools dated 12-4-1996, 18-4-1996 and 19-4-1996 respectively. The last communication reflects action under Section 17 of the 1982 Act, as the management was resisting the joining of Ajai Bahadur Singh. The ad hoc claimant, Yogendra Bahadur Singh, also resisted the claim of Ajai Bahadur Singh by filing W. P. No. 17035 of 1996 on which orders were passed that selections shall abide by the result of the writ petition. Ajai Bahadur Singh approached the Selection Board and the Secretary issued a letter on 25-5-1996 calling upon the District Inspector of Schools Bhadohi to ensure the joining of the applicant in the institution and took notice of the letter of the District Inspector of Schools dated 19-4-1996 to that effect. Yogendra Bahadur Singh filed Special Appeal No. 502 of 1996 against the order passed on his writ petition No. 17035 of 1996 and an interim direction was issued on 17-6-1996 allowing Yogendra to continue. This was short lived as the Special Appeal was disposed off on 31-7-1996 with a direction to decide the Writ Petition alongwith Yogendra's earlier Writ Petition No. 20921 of 1992 at the earliest and the interim order dated 17-6-1996 was discharged.
(3.) THE Director of Education sent a communication on 6-12-1996 upon which the Deputy Director of Education directed the District Inspector of Schools to take a decision. Another letter emanated from the Additional Director of Education on 11-2-1997 where after the Director passed orders on 4-4-1997 stopping payment of salary to Yogendra Bahadur Singh and issued directions in favour of Ajai Bahadur Singh. Having faced the ordeal and the orders passed in his favour, Ajai Bahadur also filed W. P. No. 30761 of 1996 for a mandamus in his favour in order too enable him to join in the institution. This petition was ultimately allowed on 21-10-1997 allowing him to join the institution within 2 months subject to the condition that in the event the selections by the Board are set aside, Ajai Bahadur shall be discontinued. The District Inspector of Schools passed a consequential order on 19-11-1997 calling upon the institution to permit Ajai Bahadur to join.;