Allahabad High Court
Durga Prasad Chaturvedi vs Anoop Chandra Pandey, Secretary, Basic ... on 6 July, 2010
Author: Vikram Nath
Bench: Vikram Nath
Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4494 of 2009 Petitioner :- Durga Prasad Chaturvedi Respondent :- Anoop Chandra Pandey, Secretary, Basic Education Petitioner Counsel :- B.N. Chaturvedi Respondent Counsel :- S.C. And Case :- CONTEMPT APPLICATION (CIVIL) No. - 625 of 2009 Petitioner :- Durga Prasad Chaturvedi Respondent :- Dinesh Kumar Yadav And 5 Others Petitioner Counsel :- B.N. Chaturvedi,Smt. C.K. Chaturvedi Respondent Counsel :- B.P.Singh,K.S.Kushwaha Hon'ble Vikram Nath,J.
These two Contempt Applications were filed alleging non compliance of the judgments of the writ Court dated 11.9.2008 as modified on 23.09.2008. Initially Contempt Application no.625 of 2009 was filed in which notices were issued on 20th February, 2009 to opposite parties nos. 1 to 3 only. The counter affidavit was filed by the opposite party no.1 on 13th April, 2009 in which details were mentioned with regard to the further litigation which was carried on by the opposite parties against judgment of the learned Single Judge. The counter affidavit filed by opposite parties no.2 and 3 was in effect following the counter affidavit filed by opposite party no.1. In the meantime Secretary Basic Education passed an order dated 26.11.2009 whereby the period of service during which the applicant was under termination was to be ignored for the purpose of calculation of pension. This order dated 26.11.2009 was in the teeth of the directions contained in the judgment of the Writ Court dated 11.09.2008 as modified on 23.09.2008. This forced the applicant to file the second contempt application being Contempt Application No.4494 of 2009. In this contempt application notices were issued on 03.12.2009. Pursuant to the same a short counter affidavit was filed by the sole opposite party annexing an order dated 2nd January, 2010 whereby the apparent mistake committed in the order dated 26.11.2009 was corrected and it was directed that the period of termination of the applicant would be counted for the purpose of calculation of pension. No further affidavit has been filed by the opposite party in both the contempt applications.
It may be noted that against the judgment and order dated 11.09.2008 as modified on 23.09.2008 the opposite party preferred an intra court appeal which was dismissed on 3.2.2009. Further the opposite party carried the matter to the Apex Court and Special Leave Petition was dismissed on 27.04.2009. Thus, the judgment of the writ Court became final and binding between the parties on 27.04.2009. More than one year has passed but till date no affidavit of compliance has been filed by any of the opposite parties. The plea taken is that as the Secretary Basic Education, the sole opposite party in Contempt Application No.4449 of 2009 has since been transferred as such nothing further could be done. It is further submitted by Sri B. P. Singh, learned counsel appearing for the opposite party in both these cases that there is no role of the Secretary but it is only the District Basic Education Officer who has to ensure compliance of the directions of the Writ Court.
In the opinion of the Court the submission of Sri B. P. Singh is misconceived. The District Basic Education Officer neither has any authority to sanction or pay arrears or determine any financial matter except payment of current salary. For everything else he has to write to the Directorate or the Government.
The Court is of the opinion that there is no necessity to implead the new Secretary, Basic Education. Copy of this order may be sent to the present Secretary, Basic Education, the Director, Basic Education and also the District Basic Education Office, Mirzapur to remain present before this Court on the next date along with an explanation as to why no compliance affidavit was filed till date. They will also communicate as to whether full or partial compliance has been made. If any compliance is still to be made it would be open to the aforementioned three Officers to ensure its compliance.
List this matter on 20th July, 2010.
On the said date all the three Officers shall remain present.
A copy of this order may be provided to Sri K. R. Singh, learned Standing Counsel, free of costs to ensure compliance of this order and a copy of this order may also be provided to Sri B. P. Singh, learned counsel appearing for the opposite party and the learned counsel for the applicant on payment of usual charges within 24 hours.
Order Date :- 6.7.2010 SS