SADHU SINGH CHAUHAN Vs. B M L TIWARI

JUDGEMENT

(1.) The petitioner was transferred by general order dated 28-6-90 from Obra Distt., Sonbehadra to Bangermau. Distt, Unnao in Government Degree College. The petitioner preferred a writ petition against the order of transfer. An interim order was passed by this Court dated 22-8-90 which read as under :

(2.) The grievances of the petitioner are that although there was in interim stay order in the writ petition staying the transfer order, the respondents have not paid the salary, thus they be punished for contempt of High Court's order.

(3.) I have heard the learned Counsel for the petitioner at length, I am afraid that the submissions advanced by the learned Counsel has no force. The High Court's order do not say that the petitioner be paid salary, simply the transfer order was stayed. It is not always that all consequential and anxillary orders be inferred and carried out by the opposite parties. The opposite parties cannot be presumed to do something which is not specifically directed or stated in the order. It is now a developing tendency amongst the Government servants and servants of various other departments, who try to avoid the compliance of transfer orders and remain at the place where they were posted, after obtaining some interim order, they remain at the station without working for months and years together, still claim to be entitled for payment of salary. This developing tendency is not proper nor can be encouraged. If a person chooses not to work, no direction specially in a contempt proceedings be issued for payment of salary to such erring person. Such person may seek such appropriate remedy as may be advised according to law. Such actions taken for contempt is wholly misconceived and in fact is abuse of process of Court.