Sahdev Pareek @APPELLANT@Hash State of Rajasthan & Ors

Non-compliance with the order dated 15.05.2017 in SBCWP No.1832/2017 is alleged in this contempt petition whereby the respondents were directed

to pay salary by applying Regulation 13.1 of the University Grants Commission Regulations of 2010 (hereinafter ‘the Regulations of 2010’) to

the petitioners, appointed on contract as Lecturers in the government colleges within a period of four months from the date of receipt of copy of the

judgment.

Quite evidently as of today i.e. 13.07.2018 more than four months from the order dated 15.05.2017 have long passed. The respondents on a plain

reading of the judgment and the admitted fact that the petitioners have not been given the benefit of Regulation 13.1 of the Regulations of 2010, would

be in contempt. However they have the indulgence of the order dated 10.07.2018 passed by the Apex Court in Special Leave to Petition (c)

No.3272/2018 titled The State of Rajasthan & Others Versus Pankaj Kumar Mishra and other connected matters where even while dismissing the

Special Leave to Petition at the instance of the State Government, the Apex Court has granted four months time to make the requisite payments. That

period expires on 09.11.2018.

Mr.Ashish Sharma appearing for Mr.Rajendra Prasad, AAG, counsel for the respondent submitted that processes are on for making requisite

payments and granting benefit to the petitioners as directed by this Court’s order dated 15.05.2017. Compliance would now definitely made within

four months.

Mr.Lokendra Singh Shekhawat, Mr.Gaurav Sharma and Mr.Sunil Kumar Jain appearing for the petitioners submitted that the matter be adjourned for

a period of four months as indeed the respondents have time till 9.11.2018 to comply with the Court’s order. It was however submitted that the

petitioners are presently not even being paid the meagre amount of Rs.7950/- per month which they were being earlier paid awaiting compliance with

the Court’s order dated 15.05.2017.

Heard. Considered.

The facts of the case shock the court conscience. If lecturers even contractual are paid salary of Rs.7950/- per month it is not difficult to visualize

their lack of commitment and teaching standards. That issue has fortunately finally been sorted out by the order of this court on 15.05.2017. Yet the

powers that be contested it upto the Apex Court. The matter now stands finally decided against the respondents to whom the Apex Court under its

order dated 10.07.2018 has shown indulgence to comply with the order dated 15.05.2017 within four months.

Mr.Ashish Sharma counsel for the respondent has now, with all options running out, made the solemn statement on instructions that in terms of orders

dated 10.07.2018 passed by the Apex Court in Special Leave to Petition (c) No.3272/2018 on 15.05.2017, this court’s order dated 15.05.2017

which has attained finality will definitely be complied with on or before 09.11.2018 and the petitioners will be given the due arrears as directed and

thereafter be given the minimum in the pay scale for lecturers teaching at government colleges.

In view of the categorical statement of Mr.Ashish Sharma, I would dispose of these petitions holding the respondents firm to the statement made by

their counsel that compliance with the order dated 15.05.2017 will be made on or before 09.11.2018. Non-compliance will entail compounded

contempt by the respondents for which they will of necessity have to suffer the consequences in law. It is further directed that any due amount

towards unpaid current salary otherwise payable to the petitioners be paid to them within a period of 7 days from the receipt of a certified copy of this

order.

The contempt petition is accordingly disposed of.

The petitioners shall however be at liberty to move an application for revival of this contempt petitions in the event the benefit of Regulation 13.1 of

the Regulations of 2010 is not given to them on or before 09.11.2018 and/or they are not paid arrears of due current salary as directed above.

A copy of this order be furnished to the Chief Secretary, Principal Secretary, Higher Education, Director (Commissioner), College Education and

Additional Chief Secretary, Department of Finance to ensure strict compliance with the order dated 15.05.2017 on or before 09.11.2018 in terms of

the time granted under Apex Court’s order. Delay beyond the said period, will not be countenanced for any reason at all.

A copy of this order be furnished to Mr.Ashish Sharma appearing for Mr.Rajednra Prasad, AAG counsel for the respondent for onward transmission

and compliance.