Allahabad High Court
Dr. Govind Bihari Lal And Another vs Sri Anil Sant, Secretary, Higher ... on 18 January, 2010
Author: Vikram Nath
Bench: Vikram Nath
Court No.10 Contempt Application (Civil) No.48 of 2010 Dr. Govind Bihari Lal and another vs. Anil Sant, Secretary, Higher Education, Government of U.P. and another with Contempt Application (Civil) No. 49 of 2010 Ram Nath and others vs. Anil Sant, Secretary, Higher Education, Government of U.P. and another Contempt Application (Civil) No. 69 of 2010 Dr. Kailash Chandra Goel and others vs. Miyan Jan, Director of Higher Education, U.P., Allahabad Contempt Application (Civil) No. 70 of 2010 Vijay Kumar Garg vs. Miyan Jan, Director of Higher Education, U.P., Allahabad Contempt Application (Civil) No. 71 of 2010 Dr. Sarita Goel and others vs. Miyan Jan, Director of Higher Education, U.P., Allahabad Contempt Application (Civil) No.137 of 2010 Smt. Veena Jain and others vs. Anil Sant, Secretary, Higher Education, Government of U.P. and another Contempt Application (Civil) No.138 of 2010 Dr. Praveen Kumar Gupta and others vs. Anil Sant, Secretary, Higher Education, Government of U.P. and another Contempt Application (Civil) No.139 of 2010 Dr. Pradip Kumar Johri and another vs. Anil Sant, Secretary, Higher Education, Government of U.P. and another Contempt Application (Civil) No.144 of 2010 Vachaspati Dwivedi vs. O.P. Tripathi, Finance Controller, Basic Shiksha Parishad U.P. at Allahabad and another 2 Contempt Application (Civil) No.145 of 2010 Dr. Surendra Kumar and others vs. Miyan Jaan, Director of Higher Education, U.P., Allahabad Contempt Application (Civil) No.160 of 2010 Dr. Aruna Kapoor and others vs. Dr. Miyan Jan, Director of Higher Education, U.P., Allahabad and another and Contempt Application (Civil) No.174 of 2010 Dr. Kailash Chandra Jain vs. Miyan Jan, Director of Higher Education, U.P., Allahabad Hon'ble Vikram Nath, J Heard the learned counsel for the applicants and Sri K.R. Singh, learned standing counsel.
On the previous date the copies of the above contempt applications (except Contempt Application (Civil) Nos.160 and 174 of 2010), were supplied to Sri K.R. Singh, learned standing counsel with the hope that the matters would be sorted out and the judgments of this Court would be complied with. However, it appears that the final judgment of this Court, which has been affirmed by the Apex Court has still not been complied with by the opposite parties.
Writ Petition No.25140 of 2001, Dr. Shri Gopal Gupta and others vs. State of U.P. and others, was allowed by the Division Bench vide judgment and order dated 26.10.2006. The State preferred special leave to appeal before the Apex Court, which was dismissed vide order dated 3.11.2008. Following the aforesaid judgment, a large number of writ petitions were allowed by the Division Bench of this Court with the following directions:
The writ petitions succeed and are allowed. The respondents are directed to give benefit of the Government 3 Order dated 25th August 1999 in terms of the option exercised by the respective petitioners and all such teachers within three months of the filing of the certified copy of this order before the Director of Higher Education, U.P. Allahabad. However the parties shall bear their own costs.
When the directions issued by this Court were not complied with, a large number of contempt applications were filed. In some of them compliance has been made but in others the opposite parties have failed to make compliance although the matter stood settled in 2008 itself.
The Court is feeling that the applicants are unnecessarily being harassed by the State Authorities by compelling them to approach this Court for initiating contempt proceedings for non-compliance. It is unfortunate that the matter, which has already been settled and does not require further adjudication, is not being complied with by the State despite sufficient time having been elapsed.
All these matters may be listed on 28.1.2010. The opposite parties shall remain present before this Court on the said date along with their explanation as to why full compliance of the judgments have not been made till date. It would also be open to them to comply with in the meantime but the compliance will not exempt them from their personal appearance on the next date fixed.
Copy of this order may be given to Sri K.R. Singh, learned standing counsel for further communication to the opposite parties. Further the Registrar General of this Court shall ensure that the copy of this order along with copy of Contempt Application (Civil) No.160 of 2010, Dr. Aruna Kapoor and others vs Dr. Miyan Jan, Director of Higher Education, U.P., Allahabad and another and Contempt Application (Civil) No.174 of 2010, Dr. Kailash Chandra Jain vs Miyan Jan, Director of Higher Education, U.P., Allahabad is served upon the opposite parties through the C.J.M., Lucknow and Allahabad, respectively, within three days from today.
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