- (1.) The respondent no.1 claiming to be a Teacher in Adarsh Hindi High School, approached the learned Single Judge by filing a writ petition being WP 10327(W) of 1999 making a complaint that she was not being regularized in the post and no regular salary was being paid to her barring a paltry sum as honorarium. The learned Single Judge disposed of the writ petition by passing the following order: "In spite of service of notice none appears to oppose this application. Having heard Mr. Bhattacharya I dispose of the writ petition by the following orders:
(2.) The petitioner shall be considered along with other eligible candidates in the selection process and the petitioner shall be allowed to take interview along with others. The age bar of the petitioner shall be condoned in view of the fact that the petitioner has already rendered services for seven years in this institution. In the event the petitioner succeeds, then the petitioner shall be appointed. Until the recruitment is done in accordance with law, the petitioner's services shall not be terminated. There will be no order as to costs."
(3.) The school authority however, did adhere to the said order giving rise to a contempt proceeding. The learned Single Judge in contempt proceeding gave direction for payment. The direction was as follows: "After hearing the petitioner and going through the affidavit-in-opposition, I believe, no Rule needs to be issued. It appears that the petitioner was allowed to continue and in fact the petitioner is continuing, however, she has been paid for the services rendered from January, 2004. I do know what the nomenclature of such payment is, but payment, admittedly, has been paid. Non-payment for the services rendered amounts to, in other way, indirect termination from the employment since if no payment is made then obviously the employee concerned will be left with no other alternative but will be compelled to quit. I find there is lot of debatable issue involved in this matter. However, I give chance to the respondents to continue to make payment as it has been paid last till December, 2003 and the area shall be paid in suitable 3 to 4 instalments. All due payments shall be made within a period of four weeks from date. So far as current payment is concerned, the same shall be paid till there is lawful termination of the petitioner. This order will be binding upon the successor-in-office of the school concerned.";