O.P.Garg, J. - (1.) This is an application under Section 12 of the Contempt of Courts Act, 1971 with the prayer that the opposite party Km. Kamlesh Priyadarshi by summoned and punished for her wilful and deliberate disobedience of the order dated 29.9.1994 passed by this Court in Civil Misc. Writ No. 1776 of 1986.
(2.) Counter and rejoinder-affidavits have been filed. Heard Sri V.B. Singh on behalf of the petitioners and Sri. R.K. Saxena, learned senior standing, counsel on behalf of the opposite party.
(3.) Briefly stated, the facts of the case are that the Deputy Director of Education, Gorakhpur Region, Gorakhpur by order dated 8.6.1979 created three posts of L.T. Grade Teachers in Bharatiya Uchchatar Madhyamik Vidyalaya, Raja Bari Jaswal, Gorakhpur along with other posts. The Committee of Management proceeded to fill up one post of L.T. Grade Teacher by promotion and two posts of L.T. Grade Teachers by direct recruitment. The petitioners were selected by a Selection Committee. The Committee of Management passed a resolution for their appointment on 5.12.1979. The petitioners joined and started working in the institution w.e.f. 6.12.1979. They were confirmed as teachers of L.T. Grade. They were also granted revised pay scale in the year 1982. Ram Chandra Yadav and 11 others v. State of U.P. and others, was filed for issue of writ of mandamus directing the District Inspector of Schools (for short 'D.I.O.S.') Gorakhpur to pay their salary uptodate and to continue to pay the same in future as well. An interim order was passed in that case on 18.9.1979. On 28.10.1993, the aforesaid writ petition was allowed with the direction to the respondents to pay salary to three teachers and to pay their salary in future also. The D.I.O.S., Gorakhpur was directed to examine the matter relating to the other petitioners and to re-determine the strength of teachers and employees of the institution in the light of the judgment with a further direction that they shall be paid salary till their services were legally determined. The present petitioners, namely, Vishwanath Singh and Narendra Prasad Tripathi were not party to the said writ petition. In pursuance of the order passed by this Court, in the aforesaid writ petition, the D.I.O.S., Gorakhpur considered the representation of the present petitioners and by his order dated 13.1.1986, decided that the petitioner were not entitled to L.T. Grade posts as they were appointed by direct recruitment on the sanctioned posts which were to be filled up by absorption of those teachers who were already working in the institution. The order dated 13.1.1986 passed by the D.I.O.S., Gorakhpur, whereby he rejected the claim of the present petitioners for the posts of Assistant Teachers in the L.T. Grade was challenged in Civil Misc. Writ No. 1776 of 1986. This petition was finally decided on 29.9.1994. The order dated 13.1.1986 passed by the respondents was quashed and the D.I.O.S. was directed that: "The District Inspector of Schools is directed to decide the matter afresh keeping in view the observations made above and in accordance with promoted to one post out of three sanctioned posts of L.T. Grade in the year 1979. As regards two other posts in L.T. Grade the management had right to make appointment by direct recruitment. He will further consider the strength of teachers and employees of the institution as directed by the Court in its judgment in Writ Petition No. 3763 of 1984, referred to above, and if finds necessary may refer the matter of Director of Education for creation of additional posts of L.T. Grade and if such post is created the persons already promoted may be absorbed......." ;