MEERA MISHRA Vs. MAHI PAL JAIN

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner under Section 11 and 12 of the Contempt of Court Act (for short, "the Act") for initiating contempt proceedings against the respondent under the Act for violation of the following directions given by this court on 6th July 2005:

(2.) THE petitioner laid claim for arrears of salary to the respondent. The respondent paid a cheque of Rs. 5,000/- to the petitioner and claimed that the arrears of salary had been paid. When the matter came up before this Court, the respondent produced the register of the teachers in order to show the monthly salary of the respondent. This register begins from April 1995 and a perusal of this register would show that the salary of teachers as shown in the register was less than the salary of the peon. It is seen from the register that one peon, employed by school was drawing salary of Rs. 350/- per month while the salary of the petitioner and other teachers was shown between Rs. 300 to Rs. 350 per month. The startling factor is that the entire register was got signed from the teachers on revenue stamp without writing the amount received by any of the teacher. The salary amount was not filled in any of the months except the month of April 1995 and the entire register from April 1995 to February 2000 was having signatures of all the teachers on revenue stamp of each month. The plea of the respondent that the salary has been paid to the petitioner @ Rs. 300 per month seems to be preposterous. It cannot be believed that a teacher who was m. A. (Economics) and was employed to teach the students, even of primary classes would be paid the salary less than a salary of a peon working in the same school.

(3.) I consider that what this Court had directed was to pay the salary as per the norms set up by Delhi Administration for salary to the teachers. The petitioner was entitled to claim salary as per the norms which are applicable to the primary teachers for the entire period. Let the salary be paid by respondent to petitioner as applicable in the case of primary teachers in recognized school within four weeks from today failing which the respondent shall be heard on the question of sentence under Contempt of Courts Act.