- (1.) THIS is a petition for contempt alleging non compliance of the order dated 23.9.2004 passed in W.P.(S) No.4893 of 2004 in which the learned Single Judge had been pleased to dispose of the writ petition filed by the petitioners observing therein that if the petitioners are found to be working as Lecturer prior to the date of take over of the College against sanctioned post or a post recommended for sanction and their names were appearing in the list of Lecturers working in the College which was prepared by the State Government and they were drawing salary, then in such case, the State Government will release the fund in favour of the University for payment of salary in the revised scale as recommended by University Grant Commission, within a period of two months from the date of receipt of recommendation from the University. The Court further observed that if one or the other authority takes any adverse decision, they will communicate such ground to the petitioners.
(2.) THIS petition for contempt has been filed stating that the aforesaid direction, as indicated hereinabove in the order sought to be complied, has not been followed in its entirety for although the University found that the petitioners were discharging duties on a sanctioned post of Lecturer prior to the take over of Markham College of Commerce, Hazaribagh and the University also accepted this position and sent its recommendation to the State , the State Government has released the fund for payment of salary only for a period of nine months, which has already been paid to the petitioners. But the petitioners are still aggrieved as it has been alleged that although there is a direction in the order that they would be entitled to the revised pay scale from the University Grant Commission, the same has not been granted to the petitioners after 1.1.1996. Thus it became apparent that it is the State Government, which had to release the grant in favour of the College through the University, so as to make the payment to the Lecturers as per the UGC scale. But the counsel for the State has still further to submit that the UGC scale to the Lecturers after 1.1.1996 could not be granted since the UGC has not released the fund either to the University or to the State, so as to award UGC scale to the Lecturers w.e.f. 1.1.1996. It is, in this circumstance, that the payment as per the UGC scale could not be made to the petitioners. The aforesaid circumstance is self explanatory, indicating that the order permitting UGC scale to the Lecturers, including the petitioners, will become effective only if the grants from the UGC is released in favour of the petitioners and the same having not been released by the UGC after 1.1.1996, a case for contempt either against the University or the State is not made out at this stage. Thus no case for contempt is made out against them for the time being. If, at any stage, the University Grant Commission releases the grant towards revised pay scale of Lecturers and yet the same is not paid to the petitioners, who had been discharging duties on a sanctioned post prior to the take over of the College, they will be at liberty to file a fresh petition for contempt. In sofar as this stage is concerned, no case for contempt is made out since the petitioners have already received the salary in terms of the order passed by the learned Single Judge. Hence, this contempt petition is dismissed. ;