- (1.) The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 6.8.2019 passed in Writ Petition No.12186 of 2019 (Sechai Ram and Ors. v. State of U.P. and Ors.), which for ready reference is quoted as under:- "Heard learned counsel for the parties.
(2.) The writ petition is being decided, on consent, without calling for counter affidavit. Petitioners, 14 in number, retired on attaining the age of superannuation on 31.03.2016 from the post of Assistant Teachers/Head Masters from various Junior Basic Schools/Senior Basic Schools. By means of the instant petition, petitioners seek the following reliefs: "i) Issue a writ order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, Jaunpur (respondent no. 5) to extend the benefit of judgment and order dated 19.08.2017 passed by this Hon'ble Court in Civil Misc. Writ Petition No. 33360 of 2017 (Angad Yadav and 7 others Vs. State of U.P. and others) in favour of the petitioners. ii) Issue a writ order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, Jaunpur (respondent no. 5) to release the arrears of salary in favour of the petitioners for the period 1st July, 2015 up till October, 2015 within a specified period as may be directed by this Hon'ble Court. iii) ii) Issue a writ order or direction in the nature of mandamus commanding the Basic Shiksha Adhikari, Jaunpur (respondent no. 5) to take immediate step for grant of consequential benefit viz. grant of annual increment due in July, 2015; benefit of 7th Pay Commission due in January, 2016 and Bonus for the year 2015-16 within a specified period as may be directed by this Hon'ble Court.
(3.) This Court on 19th August, 2017 in an identical writ petition, being Writ-A No. 33360 of 2017 (Angad Yadav and others v. State of U.P. and others), which was filed by the similarly placed persons challenging the same impugned order and seeking similar and identical relief, has passed a detailed judgment and order allowing the writ petition. The operative portion of the judgment reads as under: "Applying these principles on the facts of the present case, I find that the petitioners in terms of the change of the academic session, when admittedly their dates of superannuation fall during the academic session i.e. 01st April, 2015 to 31st March, 2016 as their dates of birth are 01.07.1953, 01.06.1953, 01.05.1953, 03.05.1953, 01.07.1953, 01.07.1953, 01.07.1953 and 15.05.1953 respectively, they were entitled for the sessional benefit and to continue upto 31st March, 2016. There was no fault on their part as they were not allowed to work after 30th June, 2015. A specific direction was issued not to allow them to continue beyond 30th June, 2015. The said direction, as mentioned above, was manifestly erroneous and contrary to the well settled practice and the relevant Rules to give the session benefit to such teachers whose date of superannuation falls during the academic session. The State Government has issued a Government Order dated 08th October, 2015 rectifying the said mistake, hence the Government Order dated 02nd May, 2017 that the teachers who were allowed to continue after the judgment of Ramesh Chandra Tiwari (supra) and the Government Order dated 08th October, 2015, will not be paid salary from 30th June, 2015 till their rejoining is arbitrary and unreasonable. When the Government itself had issued an order dated 08th October, 2015, there was no justification to issue the impugned order dated 02nd May, 2017, which is contrary to the law laid down by this Court in Ramesh Chandra Tiwari (supra). As noted above, the Division Bench has declared the Government Order dated 15th June, 2015 illegal. ;