MEENA Vs. S D CHACHARKAR

JUDGEMENT

(1.) THIS is an application filed by the petitioner Ku. Meena Bhandakkar on 11-11-1992 for initiating the proceedings of contempt against the respondents under the Contempt of Courts Act, 1971 for wilful disobedience of the judgement and order passed by the learned School Tribunal, Nagpur, dated 8-7-1992 in Appeal No. STN/9/1990.

(2.) THE facts leading to the instant contempt petition are in brief as follows: the petitioner Ku. Meena was appointed as Assistant Teacher on 17/11/1987 on probation for a period of two years by the respondents/contemnors Nos. 1 and 2. Her services were terminated vide order dt/- 6-7-1989 with effect from 7-8-1989. The termination order was issued on the ground that there being reduction of sections and no approval was granted by the Education Officer to her appointment and, therefore, her services were no more required. The petitioner Ku. Meena preferred an appeal vide Appeal No. STN/9/90 before the School Tribunal, Nagpur. The learned School Tribunal allowed the appeal vide judgement and order dated 8-7-1992. The Presiding Officer, School Tribunal, Nagpur, directed the respondents Nos. 1 and 2 (in appeal respondents 2 and 3), to re-instate the appellant/petitioner with continuity of service and payment of arrears of emoluments, with effect from 7-8-1989. The respondents Nos. 2 and 3 were further directed to permit the appellant to join her duties as and when she submits her joining report. The President, School Committee, Nav Jagruti Vidyalaya, Nagpur, was granted 60 days' time to pay the arrears of emoluments to the appellant for the period from 7-8-1989 up to the date of her joining services (from the date of receipt of judgement ). By the order, the appellant was directed to join her duties by submitting her joining report to Head Master within 15 days from the date of the receipt of the judgement. In case the Management fails to pay the arrears of emoluments as mentioned above, within the given time, the respondent No. l (the Education Officer (S), Zilla Parishad, Nagpur) was directed to deduct the said amount from the grants due and payable in future to the Management and pay to the appellant directly.

(3.) THE petitioner, after the judgement of the School Tribunal, passed on 8-7-1992, approached the respondents Nos. 1, 2 and 3 (the President, Secretary and Head Master) with a joining report. The petitioner handed over the copy of judgement of the School Tribunal to the first respondent (the President of the society) on 16-7-1992. The Secretary and the Head Master were also present at that time in the school. She was informed that they require time to take decision in the matter and directed her to report after two or three days. Petitioner, therefore, repeatedly approached the respondents Nos. 1, 2 and 3. She handed over an application to the Head Master on 23-7-1992, however, she was not allowed to resume her duties. The petitioner also lodged a complaint with the Deputy Director of Education on 30-7-1992 against the respondents Nos. 1. 2 and 3 and sought necessary action against them. Instead of allowing the petitioner to resume her duties, the respondent No. 1, the President of the Society, sent a communication on 31-7-1992 to the Education Officer, Zilla Parishad, Nagpur, seeking guidance. Again the petitioner approached the Education Officer vide communication dated 12-8-1992. The Education Officer (Respondent No. 4), by his order dt/- 27-8-1992 directed the respondents 1 to 3 to immediately comply with the order passed by the School Tribunal and sent report accordingly to him within a period of 8 days, about the compliance of the order of the School Tribunal.