Smt. Teresa Kujur vs The State of Jharkhand and others

D.N. Patel

The present contempt application has been preferred for alleged violation of the order, passed by this Court dated 24th April, 2009 in W.P. (S) No. 860 of 2008 whereby, the direction was given to the opposite parties to make the payment of salary for the period during which the petitioner had actually worked in the earlier school, namely Primary School, Kewarki, Latehar. The petitioner was transferred to Middle School, Sarnadih, Latehar on 23rd July, 2004, but, she never resumed the duties at the school to which she was transferred and for any reason whatsoever, she continued with the earlier school and she is claiming salary for the said period. The period for which the petitioner had actually worked that has to be assessed by the opposite parties and that has to be paid. Now, an order has been passed by the opposite parties on 14th May, 2011 and they have assessed the period for which the petitioner had actually worked in the earlier school i.e. Primary School, Kewarki, Latehar and for the period for which the petitioner had actually worked, they have already paid the amount at Rs. 88,402/- to the husband of the deceased employee, namely late Teresa Kujur.

Counsel for the petitioner submitted that the order, passed by the opposite parties dated 14th May, 2011 de hors the facts. In fact, the petitioner had actually worked from the date from her transfer to January, 2008 in the earlier school and therefore, the payment made by the opposite parties, which is only for the part period and therefore, the full payment has not been made and this is how, the Court of Contempt has been committed by the opposite parties.

Counsel for the opposite parties has pointed out that as per the direction of this Court, they have assessed the period for which the petitioner had actually worked in the previous school namely, Primary School, Kewarki, Latehar as she was transferred at another school, she continued at the earlier school. This period was directed to be assessed by the order of this Court dated 24th April, 2009 in W.P. (S) No. 860 of 2008 and as per the direction, the period has been assessed and a detailed speaking order has been passed on 14th May, 2011.

It is further submitted by the counsel for the opposite parties that this order has been accepted by the petitioner and as this order has not been challenged by way of separate writ petition, the merits of the order cannot be decided in this contempt application. It is highly a disputed question of fact that for how much period the petitioner had worked as per the assessment made by opposite parties. The deceased employee had worked from August, 2007 to January, 2008 and only for that period, the petitioner is entitled to receive the amount at Rs. 88,402/- which has already been paid to the husband of the deceased-petitioner. If the petitioner is alleging anything more then by way of separate writ petition, this order may be challenged so that the veracity of the order, passed by the opposite parties can be decided by this Court.

Having heard counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to initiate action under the Court of Contempt against the opposite parties, looking to the following facts and reasons:

(i) The order, passed by this Court dated 24th April, 2009 in W.P. (S) No. 860 of 2008 is at Annexure-1 series to this contempt application and the relevant part of the said order reads as under:

Considering the aforesaid facts and circumstances of the case, the impugned order dated 31.12.2007 (Annexure-10), is hereby set aside. The District Superintendent of Education, Latehar (Respondent No. 5), is directed to consider afresh the demand of the petitioner for payment of her salary for the period which she had actually worked, after assessing such period from the records of the School and shall communicate his decision to the petitioner effectively. If the petitioner is found to have worked during the period, then the Respondent No. 5 shall assess the salary payable for such period and shall ensure payment of the amount to the petitioner. This exercise must be carried out within a period of two months from the date of receipt/production of a copy of this order.

With these observations, this writ application stands disposed of at the stage of admission itself.

Let a copy of this order be given to the learned counsel for the Respondent- State.

In view of the aforesaid direction, the opposite parties have passed a detailed speaking order dated 14th May, 2011, which is at Annexure-1 to the supplementary show cause, filed by the opposite parties on 2nd February, 2012.

(ii) Counsel for the petitioner is now arguing on the merits of the order, passed by the opposite parties dated 14th May, 2011, which is not permissible to be decided in this contempt application. Suffice it to say that the order, passed by this Court as stated hereinabove in the earlier writ petition, has been duly complied with by a detailed speaking order, but, the fact remains that assessment has been made about the presence of the present petitioner in the earlier school, namely Primary School, Kewarki, Latehar. The said period is, as per the assessment of the opposite parties, from August, 2007 to January, 2008, for which, the petitioner is entitled to receive at Rs. 88,402/-, which has been paid to the husband of the petitioner because the petitioner has expired.

(iii) It appears from the facts of the case that the petitioner was transferred from Primary School, Kewarki, Latehar to Middle School, Sarnadih, Latehar i.e. in the same district on 23rd July, 2004, but, for any reason whatsoever, she had not joined the transferee school. She continued with the earlier school. The petitioner with whose permission had not joined the transferee school is also a matter of inquiry for which inquiry order has been passed for holding inquiry, but, the facts remains that she had worked for the same period in the earlier school despite her transfer. Looking to the order at Annexure-1 to the supplementary show cause, filed by the opposite parties on 2nd February, 2012, the assessment has already been made on the basis of the evidences on record. The petitioner has not challenged the said order. Suffice it to say for the disposal of this contempt application, there is no willful disobedience of the order, passed by this Court, by the opposite parties, dated 24th April, 2009 in W.P. (S) No. 860 of 2008.

In view of the above facts and reasons, there is no substance in this contempt application, hence, the same is, hereby, dismissed.

Mr. Karma Minj, S/o Late Modi Minj, who was working at the relevant period as District Superintendent of Education, Latehar and Mr. Rajani Kant Verma, S/o Late J.N. Das, presently working as District Superintendent of Education, Latehar, are present before this Court.

The presence of the aforesaid officers are not required, in view of the final disposal of this contempt application.