Madhya Pradesh High Court
Sushil Kumar Nath vs Sanjay Singh Judgement Given By: ... on 27 September, 2013
CONC No.2028/2013
Sushil Kumar Nath & Ors. vs. Shri Sanjay Singh & Ano.
1
27.09.2013
Shri Vinod Mishra, learned counsel for the
petitioners.
Shri S. S. Bisen learned counsel for the
respondents.
The learned counsel for the petitioners submits that the Division Bench of this Court in W.A No.597/2011 dated 20.8.2013 and modified by order dated 4.9.2013 has passed the following directions:-
"(a) The appellants are allowed to make payment of arrears which have fallen due to the respondent as per order dated 30.1.2013 passed by the State Government by which it was ordered by the School Education Department that all the respondents be paid arrears from 1.4.2000 to 9.12.2010 as per 5th Pay Commission but to the extent of 50% and the aforesaid payment shall be subject to the decision in the pending SLP and present writ appeal.
(b) The instalments fallen due in 2012-13, i.e., two instalments, shall be paid by the appellants to all the teachers who have not been paid the arrears in compliance of the order dated 22-6-2011 within a period of 30 CONC No.2028/2013 Sushil Kumar Nath & Ors. vs. Shri Sanjay Singh & Ano.2
days from today. Compliance in that regard shall be filed by the appellants before this Court on or before 23rd September, 2013. So far as 3rd, 4th and 5th instalments are concerned, those shall be paid to the teachers on or before 30-6-2014, 30-6-2015 and 30-6-2016 respectively, and compliance report in that regard shall be filed on or before 15th July of that year by the appellants in the Registry of this Court.
(c) The teachers who have retired or who have passed away, the payment shall be made in respect of those of all the years within a period of 60 days.
(d) The undertaking which is to be filed in compliance of the order dated 22-6-2011 be filed by the teachers before receiving the instalments, as directed hereinabove in direction No.(a).
(e) The teachers who have filed contempt petitions seeking compliance of the order dated 22-6-2011 shall withdraw the same, as this order shall satisfy them in respect of compliance of the aforesaid order".
CONC No.2028/2013Sushil Kumar Nath & Ors. vs. Shri Sanjay Singh & Ano.
3In view of the order passed by the Division Bench of this Court, the learned counsel for the petitioners prays for and is permitted to withdraw this contempt petition as it is stated that the grievance of the petitioner stands resolved.
As directed by the Division Bench, the petitioners are permitted to withdraw the contempt petition. It is, however, observed that the ultimate liability of the State and the management shall be in accordance with the orders passed by the Supreme Court.
It goes without saying that in case the respondents have not complied with the order passed by the Division Bench in the aforesaid Writ Appeal, the petitioners would be at liberty to file a fresh contempt petition.
With the aforesaid observation, the contempt petition, filed by the petitioners stands disposed of as withdrawn. Rule Nisi issued against the respondents stands discharged.
( R.S. JHA ) JUDGE mms/-