RUKSANA BEGUM Vs. BACHCHA PRASAD VARMA

JUDGEMENT

(1.) THE applicant was appointed as a teacher in a Primary School. Subsequently by an order dated 31st December 1985 the said order of appointment was cancelled by the opposite-party. Aggrieved, the applicant filed Writ Petition No. 5814 of 1987 and obtained an interim order dated 6th May 1988 staying operation of the said order dated 31st December, 1985. THEreafter the applicant filed a certified copy of the said order in the office of the opposite-party on 9th May 1988.1 THE receipt of the said order on 9th May 1988 is alleged by the applicant in her own application dated 16th May 1988 filed as Annexure 3 to the affidavit in support of the contempt application. THE grievance of the applicant is that despite passing of the aforesaid interim order, the opposite-party has neither restored back the services of the petitioner nor has paid salary of the petitioner.

(2.) AFTER the present contempt application was presented in this Court, the following order was passed on 23rd February 1989 :- "List along with the record of Writ Petition No. 5814 of 1987 for admission at an early date."

(3.) LEARNED counsel for the applicant has further placed reliance on a decision of the Bombay High Court in the case of Sarladevi Bharatkumar Rungta v. Bharat Kumar Shivprasad Rungta, 1988 (1) Current Civil Cases 1203 In that case it was held that the husband has wilfully disobeyed the orders of Court for paying arrears of maintenance although the husband was sufficiently rich. The Court ultimately held as follows :-