CHITRA Vs. RANJIT SINGH DEOL

JUDGEMENT

(1.) Heard.

(2.) We have come across a difficult situation which requires us to maintain the balance between both. The original petitioners are armed with an interim order dtd. 28/4/2022, by which this Court has directed the State of Maharashtra to pay to each of the petitioner Rs.75,000.00 per month commencing from 1/4/2022 onward, as an ad-hoc payment subject to final out come. Since the interim order has not been complied by the State, the petitioners were required to move this Court under contempt jurisdiction vide Contempt Petition No. 264/2022. The repeated orders passed in contempt petition denotes that extensive efforts have been made from this end to get the orders of this Court complied with, however for one or the other reason the order was not complied. Directions were also issued about the appearance of respondent Nos. 1 and 2 of the contempt petition to remain present, but they did not. Some time was sought by the State for challenging the interim order which they did challenge, but the challenge was turned down by the Hon'ble Supreme Court. Since the action of contempt was staring at the face of State, they have deposited sum of Rs.6,45,75,000.00 in this Court.

(3.) In the wake of above position, petitioners who are teachers without salary from the months of July 2022 are pressing hard for release of the amount which has been deposited in pursuance of interim order passed by this Court. Mr. Jaiswal, learned senior counsel would submit that since inquiry was going on, as interim arrangement, the order was passed by this Court, but as of now, inquiry is complete and the State is ready for final hearing. It is submitted that during inquiry, the State found that only 58 teachers are eligible for which they have no objection to release. It is submitted that since the interim order would merge into final adjudication, in case of petitioners' failure, it would be difficult to recover the amount. Learned senior counsel would further submit that in the interest of both, the matter be heard finally so that the rights would be decided and then further course of action would be clear.