सत्र लाभ पाये हुए अध्यापकों को वेतन न देने पर दाखिल अवमानना याचिका पर सुनवाई के पश्चात खुली अधिकारियों की नींद, भुगतान हेतु वेतन भेजा गया कोषागार : क्लिक कर कोर्ट आदेश देखें ।

अवमानना के बाद बकाया भुगतान का आदेश

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. - 18

Case :- CONTEMPT No. - 1942 of 2015

Applicant :- Ramesh Chandra Tiwari & Ors.
Opposite Party :- Smt. Dimple Verma, Secy./Prin. Secy.(Baisc Edu.) & Ors.
Counsel for Applicant :- Manoj Kumar Dwivedi,Sushma Tripathi

Hon'ble Anil Kumar,J.
Sri M.M. Asthana, Advocate who has filed supplementary affidavit on behalf of respondent No. 3, taken on record, submits that current salary to the applicants has been sent to the Treasury for payment in the their account.
He further submits that so far as the arrears of amount which is payable to the petitioners-applicants in pursuance to the earlier order dated 30.06.2015 passed by writ court shall be paid by the next date of listing.
Accordingly, the matter is adjourned today.
List on 21.12.2015.
On the said date, an affidavit of compliance may be filed.
Failing which respondent No. 3 shall appear in person on the next date of listing.
In the meantime, it will be open to the applicants to file rebuttal.

Order Date :- 4.12.2015
Ravi/

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 18 

Case :- CONTEMPT No. - 1942 of 2015 

Applicant :- Ramesh Chandra Tiwari & Ors. 

Opposite Party :- Smt. Dimple Verma, Secy./Prin. Secy.(Baisc Edu.) & Ors. 

Counsel for Applicant :- Manoj Kumar Dwivedi,Sushma Tripathi 

Hon'ble Anil Kumar,J. 

Heard learned counsel for the parties and perused the record. 

In pursuance of earlier order passed by this Court , an affidavits of compliance on behalf of opposite parties no. 1 to 3 have been filed by Sri Mukund Madhav Asthana, Advocate, taken on record. 

Sri Manoj Kumar Dwivedi, learned counsel for the applicants submits that although the applicant no.1is allowed to join his duty on the post of Head Master in the institution known as Primary School Mohanpur, Chaubeypur, Kanpur Nagar and applicant nos. 2 and 3 are allowed to join their duties on the post of Assistant Teacher in the institution known as Primary School Jarari, Chaubeypur, Kanpur Nagar and Junior High School Vihnupur, Chaubeypur Kanpur Nagar respectively but their salaries have not been paid by the official respondents from the date of passing of orders . 

At this Stage, Sri Mukund Madhav Asthana, learned counsel for opposite parties submits that the same may be paid to the applicants and prays for and is granted time by the next date of listing to file fresh affidavit on behalf of opposite party no.3 in respect to payment of salary failing which opposite party no.3/ Sri Vishnu Pratap Singh, Basic Education Officer, Kanpur Nagar shall appear in person on the next date of listing. 

List the matter on 4.12.2015. 

Order Date :- 30.10.2015 

dk/ 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 24 

Case :- CONTEMPT No. - 1942 of 2015 

Applicant :- Ramesh Chandra Tiwari & Ors. 

Opposite Party :- Smt. Dimple Verma, Secy./Prin. Secy.(Baisc Edu.) & Ors. 

Counsel for Applicant :- Manoj Kumar Dwivedi,Sushma Tripathi 

Hon'ble Dr. Devendra Kumar Arora,J. 

Petitioner is alleging willful non-compliance of the interim order dated 30.6.2015 passed in writ petition no. 3653 of 2015 (SS): Ramesh Chandra Tiwari and 3 others Vs. State of U.P. and others, where by the writ Court while allowing time for exchange of pleading directed that subject to verification of the petitioners' date of birth, they shall be allowed to continue till the end of Academic Session i.e. 31.3.2016 and shall be paid salary regularly subject to the final result of the Writ Petition. 

Submission of the learned counsel for the petitioner is that against the interim order State Authorities preferred a Special Appeal (Defective) No. 3605/2015 and the same was dismissed vide judgment and order dated 20.8.2015. It is also submitted that the Copy of the order of the writ Court was sent to opposite parties through post on 6.7.2015 followed by reminder on 17.7.2015, but till date no action has been taken, therefore, the petitioner is constrained to approach this Court by means of the present petition seeking appropriate action be taken against the opposite parties for willful disobedience of the order of the writ Court under the Contempt of Courts Act. 

Appreciating the submission of the learned counsel for the petitioner and perusal of the record, prima facie, a case for willful disobedience of the order of the writ Court is made out against the opposite parties. 

Let notice be issued to opposite parties to appear before this Court on 30.10.2015 to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Courts Act for willful disobedience of the aforesaid order of the writ court. 

List this case on 30.10.2015. 

It is provided that if order of the writ Court is complied with and affidavit of compliance is filed, the opposite parties need not appear before this Court on the date fixed. 

Counsel for the petitioner is directed to furnish a copy of the contempt petition to Standing Counsel, who shall transmit the same to the opposite parties along with gist of this order at the earliest for information and necessary compliance. 

Order Date :- 22.9.2015 

Arvind

  सौजन्य : एबीआरसी महेन्द्र कुमार पटेल जी