AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners Ajaib Sahib and 9 others, who are Teachers in the Education Department of the Punjab Government, filed Civil Writ Petition No. 4254 of 1981 in this Court claiming selection grade. On 24th November, 1981, when the case CWP 4254 of 1981 came up for hearing at the motion stage, the late Shri D.S. Boparai, learned Deputy Advocate General, Punjab, made a statement on behalf of the State Government. On the basis of his statement, the following order was passed :-

(2.) AFTER the decision of this civil writ petition, when for quit a long time, the respondents did not take any action to examine the entitlement of the petitioners to the Selection grade as undertaken by the learned Deputy Advocate General, Punjab Representations were made to the Deputy District Education Officer, Ludhiana by Ajaib Singh petitioner for the consideration of the matter. A notice was also issued to respondents on behalf of the petitioners by Shri S.S. Nijjar, Barrister-at-law. When the petitioners did not hear about any decision from the respondents in compliance with the undertaking contained in the order of this Court and it amounted to disobedience of the orders of this Court, the present petition was filed in May, 1983 for taking proceedings under the Contempt of Court Act, 1971.

(3.) RESPONDENTS Nos 2 and 3 filed affidavits which are exact copy of each other. They raised preliminary objections that no writ could be issued commanding the authority to show indulgence to the employees and a judgment of the Supreme Court was cited of defence. The (sic) of the affidavits of respondents Nos. 2 and 3 is if they were contesting the main writ petition of the petitioners. No attempt was made to explain their conduct by respondents Nos. 2 and 3 in not deciding the matter in question in accordance with the undertaking given by the learned Deputy Advocate General, Punjab, in Court, on which order were passed. In both the affidavits the order of the Court was reproduced in the following terms :-