Subhadra Devi vs Radhika Jha & Others

Manoj Kumar Tiwari, J

Petitioner filed Writ Petition (S/S) No. 04 of 2019, claiming parity in pay-scale with teachers serving in Government Model Schools. According to the petitioner, her husband served in Government Junior High School and he was paid salary on lower pay-scale as compared to the teachers of Government Model Schools.

The writ petition filed by the petitioner was allowed vide order dated 09.01.2019, in terms of the judgment rendered in Writ Petition (S/S) No. 1433 of 2006.

In this Contempt Petition, petitioner has contended that respondents have wilfully violated the order passed by Writ Court, inasmuch as, the monetary dues, including revised pension, payable to petitioner in terms of the aforesaid judgment, have not been paid.

Respondent authorities cannot sleep over the rights of a citizen, after its declaration by a competent Court of law. Admittedly, administrative review of judicial orders is impermissible.

Learned counsel appearing for the petitioner has apprised the Court that no Appeal was filed against the said judgment, therefore, it has attained finality. However, before issuing contempt notices to the respondents, this Court thinks that it would be just and proper to give one more opportunity to the respondents to comply with the judgment of this Court.

Accordingly, Contempt Petition is disposed of with a direction to the petitioner to make representation(s) to Director, School Education, Uttarakhand and Secretary, Basic Education, Government of U.P. If such representation(s) is made within three weeks from today, decision thereupon shall be taken by the concerned authorities within three months upon receipt of certified copy of this order along with copy of such representation.