SMT.TERESA KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present contempt application has been preferred for alleged violation of the order, passed by this Court dated 24th April, 2009 in W.P. (S) No. 860 of 2008 whereby, the direction was given to the opposite parties to make the payment of salary for the period during which the petitioner had actually worked in the earlier school, namely Primary School, Kewarki, Latehar. The petitioner was transferred to Middle School, Sarnadih, Latehar on 23rd July, 2004, but, she never resumed the duties at the school to which she was transferred and for any reason whatsoever, she continued with the earlier school and she is claiming salary for the said period. The period for which the petitioner had actually worked that has to be assessed by the opposite parties and that has to be paid. Now, an order has been passed by the opposite parties on 14th May, 2011 and they have assessed the period for which the petitioner had actually worked in the earlier school i.e. Primary School, Kewarki, Latehar and for the period for which the petitioner had actually worked, they have already paid the amount at Rs. 88,402/ - to the husband of the deceased employee, namely late Teresa Kujur.

(2.) COUNSEL for the petitioner submitted that the order, passed by the opposite parties dated 14th May, 2011 de hors the facts. In fact, the petitioner had actually worked from the date from her transfer to January, 2008 in the earlier school and therefore, the payment made by the opposite parties, which is only for the part period and therefore, the full payment has not been made and this is how, the Court of Contempt has been committed by the opposite parties.

(3.) IT is further submitted by the counsel for the opposite parties that this order has been accepted by the petitioner and as this order has not been challenged by way of separate writ petition, the merits of the order cannot be decided in this contempt application. It is highly a disputed question of fact that for how much period the petitioner had worked as per the assessment made by opposite parties. The deceased employee had worked from August, 2007 to January, 2008 and only for that period, the petitioner is entitled to receive the amount at Rs. 88,402/ - which has already been paid to the husband of the deceased -petitioner. If the petitioner is alleging anything more then by way of separate writ petition, this order may be challenged so that the veracity of the order, passed by the opposite parties can be decided by this Court.