B.K.Rathi, J. - (1.) This is a contempt petition to punish the respondents for not obeying the orders of this Court dated 21.5.1996 passed in Writ Petition No. 24300 of 1994 and order dated 6.5.1998 passed in Contempt Petition No. 432 of 1997 by which the respondents were directed to pay the arrears of salary to the petitioner.
(2.) I have heard Sri R. K. Sharma, learned counsel for petitioner and Sri S. K. Verma, learned counsel for opposite parties and I have perused the record. The facts of the case in brief arc that the petitioner was appointed as Assistant Teacher in leave vacancy, but she alleges that the vacancy became permanent and, therefore, the petitioner was appointed in substantive vacancy. The salary of the petitioner was not paid and, therefore, she filed a Writ Petition No. 24300 of 1994 which was allowed on 21.5.1996 and the D.I.O.S. was directed to pass appropriate orders for payment of salary to the petitioner from the date it has not been paid. After the order, the petitioner approached the D.I.O.S. who prepared the salary bill of the petitioner on 19.8.1996 and sent it to Deputy Director of Education 1st Region Meerut for payment. The Deputy Director of Education did not pass the salary bill. Then petitioner filed a Contempt Petition No. 432 of 1997 which was decided by Hon'ble Mr. Justice Bhagwan Din on 6.5.1998 and he directed the office of the Director of Education, Allahabad, to pass the salary bills, if they are still pending. It is contended that thereafter the Director of Education on 4.7.98 wrote a letter to the respondent No. 1 to pay the arrears of salary. However, the Joint Director of Education, even then did not pass the bill and Sri Mitra Lal who was Joint Director of Education at that time made a demand of 20% of his entire amount in advance, that the demand was not fulfilled and, therefore, the bill was not passed. Therefore, the petitioner has moved the contempt petition for punishing the opposite parties, who have not complied with the orders of the Court in both these cases.
(3.) Sri Mitra Lal who was Joint Director of Education at the relevant time, filed a counter-affidavit denying the allegation of demand of bribery. He, however, pleaded that the directions given to him by Director of Education were vague. The petitioner filed another Writ Petition No. 26938 of 1997 which was decided by Hon'ble Mr. Justice Sudhir Narain on 28.8.1997. In that case, the petitioner was directed to submit a representation before the Joint Director of Education, respondent No. 2 who was directed to pass appropriate orders on that application. After the decision of that writ petition, the petitioner filed a representation which was decided by opposite party No. 1 on 4.9.98 and held that the appointment of the petitioner was not valid and she was not entitled to any salary, therefore, the petitioner is not entitled to get any salary. It is further contended that the petitioner has suppressed the order passed by Hon'ble Mr. Justice Sudhir Narain and also the order dated 4.8.1998 passed by opposite party No. 1, That, therefore, no contempt of the order has been committed. After the transfer of Sri Mitra Lal from the post of Joint Director of Education, the present respondent No. 1 also filed a counter-affidavit of Sri S. K. Tewari in which it has been pleaded that the petitioner filed a Writ Petition No. 38023 of 1998 which was got dismissed by the petitioner on 28.1.1999. that therefore, the petitioner is not entitled to arrears of salary.;