Dinesh Chand vs P.C. Dhiman And Others

Ajay Mohan Goel, J

By way of this petition, the petitioner alleges willful disobedience of the order passed by erstwhile learned Himachal Pradesh Administrative Tribunal in O.A. 3285 of 2015, titled as Dinesh Chand vs. State of Himachal Pradesh and others, dated 14.09.2015, which original application stood disposed of by learned Tribunal in the following terms:-

"4. The precise grievance raised by the applicant herein in the original application is that he is working as a Language Teacher (LT) as an SMC appointee at GSS Talai, District Bilaspur. According to him, as per notification dated 17th July, 2015, Annexure A-5, he is entitled for payment of Rs. 4,500/- per month, but instead he is being paid Rs. 3,500/- per month only. However, the fact remains that SMC appointees are paid on period basis, Rs. 75/- per period in the case of L.Ts. The aforesaid sum of Rs. 4,500/- being the upper limit. The total emoluments payable to an appointee would depend upon the number of periods she/he teaches in a month.

In view of the above, the original application is disposed of with a direction that the respondents/ competent authority would pay emoluments to the applicant strictly in accordance with the aforementioned notification dated 17th July, 2012, Annexure A-5, read with notification dated 16th August, 2014, Annexure A-6."

A perusal of the record demonstrates that vide order dated 21.03.2016, passed by the Deputy Director of Elementary Education, the authority has given reasons and explanation as to, to what emoluments, the petitioner was entitled to and further the fact that the services of the petitioner also stood terminated w.e.f. 29.2.2016 due to shortage of funds.

In this view of the matter, in my considered view, the appropriate course open for the petitioner was to assail the subsequent order passed by the competent authority dated 21.03.2016, in case, the petitioner was not satisfied with the same and the present contempt petition is not going to serve any purpose as per se it does not appears that there is any willful disobedience of the order passed by the learned Tribunal.

Accordingly, this petition is ordered to be closed, however, with liberty reserved to the petitioner to assail the subsequent order dated 21.3.2016 passed by the Deputy Director of Elementary Education, Bilaspur, District Bilaspur, H.P. as per law. Notice discharged.