ALLAHABAD HIGHCOURT, CIRCULAR, MANDEYA, SBTC, TRAINING : विशिष्ट बीटीसी शिक्षक वेलफेयर एसोसिएशन के सदस्यों को SBTC 2004 शिक्षक भर्ती के अंतर्गत विद्यालय में नियुक्ति प्राप्त करने तक 2500₹ प्रति माह स्टाइपेंड प्राप्त किए जाने हेतु सम्बन्धित अधिकारियों को प्रत्यावेदन प्रस्तुत करने का मा0 उच्च न्यायालय का आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3979 of 2015
Applicant :- Vishistha B.T.C. Shikshak Welfare Association And 2 Ors.
Opposite Party :- Sri Heera Lal Gupta, Secretary Basic Edu. Lko. And Anr.
Counsel for Applicant :- Alok Kumar Gupta
Counsel for Opposite Party :- S.C.,Ashok Trivedi,B.P.Singh
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the applicant and Sri Neeraj Upadhyay, learned Additional Chief Standing Counsel appearing for the State.
Writ Court had passed an order on 8.12.2014 in Writ - A NO. 49574 of 2010 (Vishistha B.T.C. Shikshak Welfare Association and others vs. State of U.P. and others). The relevant portion of the order is extracted:
"Paragraph 3(12) of the Government Order dated 14.1.2004 is unambiguous and nothing to the contrary has been presented to the Court. In my view, the petitioners are entitled for stipend till they are appointed as Assistant Teachers in the Primary School, therefore, from May 2005 till December 2005 the petitioners are entitled for stipend of Rs.2,500/- per month in case there is nothing contrary in law against such entitlement.
Subject to the aforesaid, writ petition is allowed."
Special appeal and special leave to appeal filed against the order of writ court has been dismissed. In other words, the order dated 8.12.2014 has been affirmed. The instant contempt application has been filed by the Association through its president Santosh Tiwari and two other applicants. In the counter affidavit filed on behalf of the opposite party, it is stated that the writ court order has been complied in respect of the applicants.
Learned counsel for the applicant does not dispute that the amount due to the President of the Association and applicants no. 2 & 3 have been received. However, it is urged that the other members of the Vishistha B.T.C. Shikshak Welfare Association has not received their monies.
On specific query, learned counsel for the applicant submits that the list of the members, who have not received their monies, was neither filed before the writ court nor it has been filed along with contempt petition. Learned counsel for the applicant submits that he would file the list of members who have not received their monies.
In the affidavit filed on behalf of the opposite party, it has been stated that the money due has been released pursuant to writ court order which cannot be disbelieved, however, in the event of any of the members of the Association who have not received their monies are free to make their claim before the concerned authority and in case such a claim is raised, it is expected that the concerned authority in compliance of the writ court order would release the sum due to the members of the Association who have not received their monies.
In the event, any members of the Association, thereafter, is aggrieved, can approach this Court by filing a separate petition.
Accordingly, instant contempt application is disposed of with liberty to the members of the Association who have not received their monies to raise their claim before the concerned authority and thereafter, take appropriate recourse in accordance with law.
Order Date :- 26.11.2018
Mukesh Kr.
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