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[Cites 1, Cited by 9]

Madhya Pradesh High Court

Dr. Harish Kumar Tiwari vs Barkatullah University Hoshangabad ... on 19 November, 2015

                           WP-3146-2015
   (DR. HARISH KUMAR TIWARI Vs BARKATULLAH UNIVERSITY HOSHANGABAD ROAD
                                BHOPAL)


19-11-2015

Petitioners Dr. Harish Kumar Tiwari appears in W.P. No.
3146/2015, Dr. Rajesh Khande appears in W.P. No. 3146/2015 and
Dr. Sangeeta Soni appears in W.P. No. appears in W.P. No.
3146/2015 in person.
None appears on behalf of respondent.

On perusal of the orders dated 10.07.2015 and 27.7.2015, this Court had passed an order directing to pay the salary to the petitioners in the following terms:-

Order dated 10.7.2015 “It is submitted by the counsel for the petitioners that inspite of the stay order passed by this Court on 5.3.2015, petitioners are not getting salary for the post on which they are working. In my opinion, it is obligatory on the part of the respondents to pay the salary to the petitioners to the post on which they are working in accordance with the terms and conditions of appointment because taking work from the employee without salary amounts to Begar, which is prohibited under the law.
List the case on 27.7.15. University is directed to file an affidavit of competent person in regard to compliance of the aforesaid order on or before such date.” Order dated 27.7.15 “This Court vide order dated 10.07.2015 directed the University to file an affidavit of competent person in regard to compliance of the order dated 05.03.2015 to the effect that why the salary to the petitioners have not been paid. The University filed affidavit of Mr. L.S. Solanki, who is Registrar of the University. It is pleaded in the affidavit that Vice-Chancellor of the University passed an order in regard to payment of salary to the petitioners and the matter was also referred to the Higher Education Department. The Financial Controller had taken leave on 25.07.2015, hence, the order cannot be passed in regard to payment of salary to the petitioners. It is further pleaded that on 22.07.2015, an application was received in which it is mentioned that Mr. Sambal Singh Markar had demanded some money in regard to payment of salary to the petitioners. In this view of the matter, it is directed that the University and Higher Education Department shall take appropriate steps for payment of salary to the petitioners immediately. The arrears be also paid. If the order is not complied with within two weeks the concerned persons shall be punished under the provisions of Contempt of Court Act. Vice- Chancellor of the University is also directed to take appropriate steps in regard to conducting an inquiry against Mr. Sambal Singh Markar in regard to demand of money from the petitioners.” Nothing has been brought on the record why the order dated 27.7.2015 passed by this Court has not complied with, though an opportunity was granted on 25.8.2015, 1.9.2015, 7.9.2015, 27.10.2015, 29.10.2015 and 30.10.2015.

In view of the aforesaid due to non-compliance of the order of this Court, Registry shall register the fresh separate proceeding for contempt of the order of this Court and notice be issued to the Registrar, Barkatullah University, Bhopal indicating the fact that why he should not be punished for non-compliance of the direction of this Court by remaining present on 7th December, 2015. Let notice be also issued to the Vice-Chancellor to indicate the fact why the action has not been taken against the Registrar and the person indicated in the order dated 27.7.2015 and why the order of this Court has not been complied with. Let reply be filed on ore before 7th December, 2015. As directed by this Court, the State Authorities shall also explain that why the payment of the salary has not been made. The State Authorities shall also explain why the action has not been taken for payment of the order of this Court.

At this Stage, Shri Tabrez Sheikh, counsel for the respondent No. 1 has appeared and shown a letter issued by the office of the Higher Education Department dated 17.11.15 indicating the fact that some enquiry is being conducted, however, the payment of salary would be subject to decision of the enquiry. In my considered opinion, the said letter does not mitigate the order passed on 27.7.2015, however, on the next date. Learned Deputy Advocate General is requested to intimate with the order passed by this Court to the Principal Secretary, Higher Education Department.

At this stage, Shri P.K. Kaurav, learned counsel for the respondent No. 1 appears and contends that he has filed an application for vacation of the order dated 5.3.2015 passed by this Court, however, if the said order goes then the question of compliance of the order dated 27.7.2015 would not arise.

In this respect it would be suffice to observe that after passing the stay by this Court on 5.3.2015, petitioners are continuing and discharging their duties, however, on 10.7.2015, it was observed by this Court that “it is obligatory on the part of respondent to pay the salary to the petitioners to the post on which they are working in accordance with terms and conditions of the appointment because taking work from the employee without salary amounting to Begar which is prohibited under the law.” The application for the vacation was filed on 26.8.2015 but despite giving numerous opportunities it has not been pressed into and in a proceeding dated 30.10.2015 i.e. last date, the State Government as also the counsel for the University is directed to submit the compliance report of the order dated 27.7.2015, however, in the matter of payment of the salary the pendency of the application would not have any impediment and the Authorities are bound to comply with the orders dated 10.7.2015 and 27.7.2015.

In this view of the matter, the action as directed hereinabove be taken by the Registrar and the intimation be given in this regard by Shri Dwivedi, Dy. A.G to the State Authorities as well as Shri P.K Kaurav counsel representing the University to the Registrar and the Vice Chancellor. The Registry shall transmit the order by fax or e-mail to the Vice-Chancellor and Registrar.

List on 7th December, 2015.

C.C as per rules.

(J.K. MAHESHWARI) JUDGE