JOLLY BHANDARI Vs. RAJEEV SWAROOP

JUDGEMENT

(1.) THESE three contempt petitions arise in similar facts and hence are being decided by a common order.

(2.) THE petitioners were substituted lecturers in different subjects under the Teacher Research Fellowship scheme (TRS) of the University Grants Commission (UGC). Individually, the case of the petitioners in Writ Petitions No. 14958/2010, 15015/2010 and 14959/2010 was that they were not being paid the amount received from UGC specific to the post of "substituted lecturers" held by them. A direction was sought from the court by the petitioners that they be paid salary by respondents as received from the UGC. The prayer was not seriously opposed by the respondents in the writ petitions. In the circumstances this court, vide order dated 29 -8 -2011, was pleased to dispose of the writ petitions referred to above with a direction to the respondents to make payment of salary to the petitioners to the extent of the amount received therefor from the UGC. The direction was to apply for the duration of the petitioners' working as "substituted lecturers". It appears that following the order passed by this court, the respondents paid salary to petitioners as per the amount remitted by the UGC for the duration of the petitioners' actual working.

(3.) ON notice of contempt petition, reply has been filed. It has been submitted that the petitioners have been paid salary in amounts identical to that received from the UGC for the period of their actually working as "substituted lecturers". It has however been submitted that during summer vacations the concerned colleges were closed and therefore no amount for the said period was either received from the UGC or paid. The petitioners were not entitled to receive salary for the period of the closure of the colleges. It has been submitted that this court had only directed payment of amount to petitioners under TRF scheme as received from the UGC. This has been done. No amounts having been received from the UGC for salary of the months i.e. May & June, 2009 -10 and 2010 -11, no payment in respect thereof has indeed been made. And in this context of the order of this court passed on 29 -8 -2011 no contempt is made out.