LAWS(ALL)-2013-7-210

VANDHANA SINGH Vs. JAVED USMANI

Decided On July 09, 2013
Vandhana Singh Appellant
V/S
Javed Usmani, Chief Secretary, U.P. Government Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned Standing Counsel for the opposite parties.

(2.) This application under Section 12 of the Contempt of Courts Act has been filed alleging will disobedience of the judgment and order dated 5.4.2002 passed on writ petition no. 18619 of 2001 as well as leading writ petition no. 12879 of 2001 along with other connected writ petitions.

(3.) Undisputed facts are that a non-formal educational scheme was introduced by the Central Government in the year 1979-80 for imparting education to children in the age group 6 to 14 who either did not attend any school or left the studies before completing primary education. The scheme was implemented in the State of U.P. under the Director of Education (Basic), U.P. In order to successful run the scheme, certain posts including the post of Supervisor were created at various levels. Later on in the year 1987-88, the scheme was modified and it was given shape of a project and in order to meet the requirements of the project, which came to be known Non-formal Education Project, various posts including the post of Project Officer was created by the Government Order dated 30.3.1988. Since the project itself was temporary in nature, the Government Order visualized that all posts should be temporary and liable to be abolished at any time without any prior information. The applicants claimed that they were selected and appointed on adhoc basis in 1989 under the pay scale 6500-10500. Subsequently, the scheme was not extended by the State Government and the applicants and various other similarly situated persons filed various writ petitions before this Court which were connected and decided vide judgment and order dated 5.4.2002 passed on leading writ petition no. 12879 of 2001. The writ petitions were allowed in part by passing the following order :