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Judgment
12 paragraphs · 365 wordsCONMT.PET.(C) No. 1131-1132/2019 & 1138-1139/2019 in C.A. No. 5797/2019
While disposing of C.A. No.5797/2019, initially an order was passed on 23.7.2019 which was later corrected on 31.7.2019. The text of the order dated 23.7.2019 to a certain extent gave an impression that the order was founded on the statement made by Mr. Rakesh Khanna, learned senior advocate for the State that part of the order was correct in the subsequent order dated 31.7.2019. Mr. Tushar Mehta, learned Solicitor General appearing for the State submits that despite such corrections there appears to be some impression gaining ground that the order was essentially founded on the statement made by the learned counsel or upon the instructions received by the counsel representing the cause of the State.
In our view, absolutely no ground to entertain such application is made out, the order was passed after taking into account the facts and circumstances of the case and the statement, if any, referred to in the first order only by way of supplement aspect and in any case it was clarified in the second order and there would be absolutely no room for such apprehension.
Since the order dated 31.7.2019 had contemplated that the teachers in question be give appointments on and w.e.f. 1.9.2019, we direct the State Government of comply with the directions positively within four weeks from today. In any case, the concerned teachers shall be entitled to all the benefits as if they were appointed on and with effect from 1.9.2019. Needless to say that they shall also be entitled to remuneration on and w.e.f. 1.9.2019.
The contempt petitions are closed.
List these contempt petitions on 17.1.2020 to report compliance.
Writ Petition(s)(Civil) No(s).1075/2019 & MA Nos.1958 & 1959/2019 in C.A. No. 5797/2019
Impleadment applications are allowed.
Notice was issued in the writ petition on 26.8.2019.
We are satisfied that the facts which emanate from the writ petition are identical to those which had weighed with the Court while passing the aforesaid order in C.A. No.5797 of 2019.
In our considered view, the writ petitioners as well as newly impleaded applicants are also entitled to the same benefit. We order accordingly.
The writ petition is disposed of accordingly.