Mehar Singh vs Chandra Shekhar Bhatt & Others

Manoj Kumar Tiwari, J

Petitioner was appointed as Basic School Teacher. His services were terminated. Against termination of his services, petitioner filed Writ Petition (S/S) No. 1152 of 2016, which was allowed vide judgment dated 28.03.2017. Operative portion of the said judgment is extracted below:

"Accordingly, the writ petitions are allowed. The impugned termination orders passed in all the connected writ petitions are quashed and set-aside. The respondent-State is directed to reinstate the petitioner(s) in all the connected matters with all consequential benefits with a period of six weeks from today.

However, liberty is reserved to the respondents-State to proceed with the matter in accordance with law."

State of Uttarakhand challenged the said judgment by filing Special Appeal No. 542 of 2017. The said Appeal was dismissed by Division Bench of this Court vide judgment dated 16.05.2019. The State Government, thereafter, filed S.L.P. No. 25830 of 2020 against the judgment rendered by Division Bench of this Court. The said S.L.P. too was dismissed by Hon'ble Supreme Court vide order dated 5.03.2021. Thus, the judgment rendered by learned Single Judge of this Court has attained finality and it has become binding upon the respondents.

This Contempt Petition was listed on 12.03.2021 and learned State Counsel was asked to get instructions in the matter. Today, learned Standing Counsel has produced in Court one letter dated 01.04.2021 issued by Secretary, Basic Education to Director, Basic Education, which is taken on record. By the said letter, the Director, Basic Education has been directed to ensure compliance of the judgment rendered by the Writ Court.

Learned Standing Counsel submits that since the writ petitioner has passed away during pendency of the Appeal, therefore, a family member of the petitioner, who was dependent upon him, shall be offered compassionate appointment.

Since the dependent family member of the deceased petitioner is not before this Court, therefore, District Education Officer (Elementary), Udham Singh Nagar is directed to inform the family member of the deceased petitioner that he/she is now eligible for compassionate appointment. Such communication shall be issued to the family member of the deceased petitioner at the address recorded in the Service Book of the petitioner as early as possible; but, not later than ten days from today. This Court hopes & expects that one eligible family member of the deceased petitioner shall be considered for compassionate appointment as early as possible; but, not later than six weeks from today.

Contempt Petition is, accordingly, disposed of.

Contempt notices issued to the respondents are hereby discharged.