Kumar Das and Others vs Shri Kaushal Kishore, Finance & Account Officer

Devendra Pratap Singh, J.

Heard counsel for the parties.

The following order was passed on 3.12.2009.

"Heard learned counsel for the applicant and perused the record.

Rashtriya Inter College, Sherpur in District Mirzapur is a duly recognized and aided institution and all the applicants are its employees and the institution is situated within 8 kms of the municipal limit of Varanasi City. Earlier uptil 1999 they were being paid house rent allowance at the rate applicable to institutions of Varanasi in accordance with a Government order. However, since June, 1999 it was stopped and the rural house rent allowance was being given and thus employees of the institution preferred Writ Petition No. 29617 of 2000 which was finally disposed off directing the Principal Secretary (Finance) to take a decision in their case. The Principal Secretary (Finance) vide a Government order dated 21.5.2002 held that the employees of the institution were entitled to receive house rent allowance at the Varanasi rate. In pursuance thereof, the then District Inspector of Schools vide order dated 21.5.2002 allowed house rent allowance at Varanasi rate. In another petition relating to the employees of Madhav Vidya Mandir Inter College, Purshotam Nagar, Mirzapur which was similarly situated, this court in Writ Petition No. 12528 of 1986 held vide its judgment dated 20.11.2003 that they would be entitled to allowance at Varanasi rate. This order was subjected to challenge in Special Appeal No. 1051 of 2007 but it was dismissed with cost of Rs. 5,000/ vide order and judgment dated 22.11.2007. The matter was taken before the Apex Court but the special leave to appeal was also dismissed on 21.4.2008. However, the applicants were not being provided house rent allowance at Varanasi rate forcing them to prefer Writ Petition No. 23142 of 2009 which was allowed vide order and judgment dated 30.4.2009 directing the District Inspector of Schools, Mirzapur to consider the claim of the applicants keeping in mind the dictum laid down by this Court in the aforesaid order dated 20.11.2003 as affirmed in special appeal and by the Apex Court on 21.4.2008.

In pursuance thereof, the District Inspector of Schools vide a reasoned order dated 13.8.2009, considering all the Government orders and the judgments accepted their claim and directed that they should be paid house rent allowance at Varanasi rate from the date of the judgment of the High Court.

This contempt petition has been filed stating that despite the aforesaid orders the opposite parties has refused to pay the said allowance and referred the matter to the Director (Secondary Education) vide his letter dated 24.8.2009 stating that the order was in violation of the Government order dated 10.12.2002.

The Court has been informed that the opposite party has now been posted to Khusinagar.

The facts noted above show that it is a deliberate defiance of the writ orders of this Court. Accordingly, Superintendent of Police, Khushinagar is directed to secure the presence of Shri Kaushal Kishore, the erstwhile Finance and Accounts

Officer in the office of District Inspector of Schools, Mirzapur and now posted as Senior Treasury Officer at Khushinagar to enable the Court to proceed further.

Office is directed to send a copy of this order by special messenger to be served on the Superintendent of Police, Khushinagar within four days.

Let a copy of this order be given to Shri K.R. Singh, learned Standing counsel within 48 hours to ensure compliance and another copy be sent to the Director (Secondary Education), Allahabad.

List on 22.12.2009. "

The opposite party is present along with his explanation.

Let a reply, if any, be filed by the next date.

List on 29.1.2010.