ACHOM BROJESHORI DEVI Vs. S BUDHACHANDRA SINGH

JUDGEMENT

(1.) The instant application is filed by the Petitioners for alleged violation of this Covat's order dated 09.12.2005 passed in W.P.(C) No. 339 of 2004 whereby and whereunder this Court directed the Respondent, Commissioner/Secretary, Education (S), Government of Manipur, inter alia, to hold an enquiry as to whether the Petitioners have been really rendering their services as primary teachers and if it is so, they should be paid their pay and allowances.

(2.) Heard Mr. S. Jayanta, learned Sr. Advocate assisted by Mr. Ng. Jotindro, learned Counsel spearing for the Petitioners, Mr. H.N.K. Singh, learned Sr. Advocate assisted by Mr. Kh. Babulindro, Advocate appearing for the Respondents 3 and 4 as well as Mr. Y. Nirmolchand, learned Counsel appearing for the Respondents 1 and 2.

(3.) Before going into the merit of this contempt petition, it would be proper for this Court to discuss about the factual aspect as to how the present contempt petition came up before this Court and as such following factual aspects are discussed briefly: the Petitioners are the ad hoc Primary Teachers. Their services were extended from time to time and the last order of extension is dated 22.05.2000 (Annexure-A/13 to the contempt petition). The Commissioner of Education (School Section), Govt. of Manipur issued an order dated 21.08.01 for abolition of 928 posts of Primary Teachers in the Department of Education (Schools). Against the aforesaid order of the Commissioner dated 21.8.01, the Petitioner filed a writ petition, which was registered as W.P.(C) No. 273 of 2002. This Court, while issuing rule on 28.2.2000, passed an interim order directing the concerned authorities not to oust the Petitioners from their services and to allow them to continue in services with all service benefits. Said writ petition is still pending before this Court, h appears that the pay and allowances of the Petitioners have not been paid by the authorities and in this connection they filed various representations for payment of their pay and allowances with effect from 23.9.2001. But, the authorities have not paid any heed to the representation dated 06.01.04 filed by the Petitioners. Being aggrieved, the Petitioners filed a joint writ petition before this Court which was registered as W.P.(C) No. 339 of 2004. This writ petition had been disposed of by this Court on 09.12.2005 directing the authorities including the Commissioner of Education (School Section), Govt. of Manipur and the Director of Education (S), Govt. of Manipur to hold an enquiry as to whether or not the Petitioners have been really rendering their services as Primary Teachers in the Department of Education (Schools) and pay their pay and allowances, if they are found serving. The order of this Hon'ble High Court was duly communicated to the authorities in time.