JAGADISH DEY Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners and learned counsel appearing for the State.

(2.) It appears that in OJC No. 12623 of 1997 on 11.9.1997 a Division Bench of this Court presided over by the then Chief Justice directed the Inspector of Schools, Balasore (Opp. Party No. 3) to consider the case of the petitioners within two months as to whether they are entitled for payment of salary, and in case he comes to conclusion that they are so entitled, the same shall be paid to them within two months from the date decision is taken by him. As no steps at all were taken by the aforesaid opposite party No. 3, the petitioners and no option than to file the present contempt application on 7.1.1999 after waiting for one year and two months.

(3.) On 15.2.1999 a Bench of this Court issued notice to the opposite parties calling upon them to show-cause in the matter. The Inspector of Schools, who is opp. party No. 3 filed cause on 3.8.1999 stating therein that immediately after receipt of the order of this Court he moved the Director, Secondary Education by office letter No.2262 dated 2.3.1998 for allotment of funds to the tune of Rs. 3,05,720/- immediately for payment of arrears salary to the petitioners. As there was no response from the Director, the Inspector of Schools by letter No. 6046 dated 3.5.1999 requested him for allotment of funds amounting to Rs. 4,08,058/- (inclusive of 1% audit cost) for payment of salary to the petitioners. The Inspector of Schools indicated his inability to make payment, as the funds were not allotted from the Directorate.