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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Deepak Kumar, S/o. Late Gopal Prasad & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Opp. Parties
Cont. Case (Civil) No. 861 of 2024 With Cont. Case (Civil) No. 874 of 2024
Decided On : 03-01-2025
(A) Contempt of Court - Modification of earlier orders - The court modified its prior order to allow the Secretary and Director of the School Education Department to draw their salaries pending compliance with the earlier directive. (Paras 7, 9)
(B) Compliance with Court Orders - The court emphasized the need for timely compliance with its orders, granting four weeks for adherence to a previous order regarding the petitioners' posts. (Paras 7, 8)
Facts of the case:
The petitioners filed contempt cases against state officials for non-compliance with earlier court orders regarding their employment status.
Findings of Court:
The court allowed the officials to draw salaries pending compliance and scheduled a follow-up hearing.
Issues: The main issue was the compliance with the court's earlier order regarding the petitioners' posts and salaries.
Ratio Decidendi: The court found that timely compliance with its orders is essential for maintaining the rule of law, and modifications to orders can be made based on circumstances presented.
Result: The court modified its order to permit salary disbursement.
JUDGMENT :
SANJAY PRASAD, J.
Pursuant to the order dated 02.12.2024, the Opposite party no. 2, Mr. Uma Shankar Singh, In-charge Secretary, School Education and Literacy Department, Government of Jharkhand, the Opposite party no. 3, Mr. Aditya Ranjan, Director, Secondary Education, Human Resource Development Department, Jharkhand and Sri Vinay Kumar, DEO, Ranchi are present before this Court.
2. A show cause has been filed on behalf of the opposite parties in Contempt Case (Civil) No. 861 of 2024.
3. Mr. Rajendra Krishna, learned counsel for the petitioners is present in both the contempt cases. Mr. Rajiv Ranjan, learned Advocate General has appeared on behalf of the State assisted by Mr. Ashok Kumar Yadav, learned Sr. SC-I and Mr. Jayant Franklin Toppo, learned GA-V in both the contempt cases.
4. Learned Advocate General has submitted that though show cause has been only in Contempt Case (Civil) No. 861 of 2024, but due to inadvertence the show cause could not be filed in the another case i.e. Contempt Case (Civil) No. 874 of 2024 today. However, the averments made in para-6 to 8 of this show cause, may be treated in both the contempt cases and another show cause will also be filed in Contempt Case (Civil) No. 874 of 2024.
5. Learned Advocate General has further submitted that they have preferred LPA No. 628 of 2024 and in LPA No. 608 of 2024 by challenging the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 before the Hon’ble Division Bench of this Court and the Hon’ble Division Bench vide order dated 13.12.2024 has issued the notices to both the writ petitioners by fixing the date on 31.01.2025.
The learned Advocate General has prayed for twelve weeks’for compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016. It is further submitted that compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 is under process and post of the petitioners is likely to be approved by the Competent Authority, which may be subject to the outcome of LPA filed before this High Court.
Learned Advocate General has further submitted that in the meantime para-22 of the order dated 02.12.2024 passed by this Court may be modified and the salaries of the Secretary, School Education and Literacy Department, Government of Jharkhand and the Director, Secondary Education, Government of Jharkhand may be released.
6. Learned counsel for the petitioners in both the contempt cases i.e. Contempt Case (Civil) No. 861 of 2024 and Contempt Case (Civil) No. 874 of 2024 has opposed the prayer of the respondent-State.
7. Having heard learned counsel for both the sides and from going through the averments made at para-6, 7 and 8 of the show cause filed today i.e. on 03.01.2025 in Contempt Case (Civil) No. 861 of 2024, this Court is of the view that four weeks’ time may be proper for compliance of the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 as the learned Advocate General in presence of the Officers has shown willingness to comply with the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 and it will be desirable that the matter may be heard on 05.02.2025.
8. In the meantime, it is expected that the order dated 23.01.2024 passed by this Court in W. P. (S) No. 4074 of 2016 along with W. P. (S) No. 4418 of 2016 may be complied with.
9. Considering the submission of the learned Advocate General, para-22 of the order dated 02.12.2024 passed by this Court is modified to the extent that the O. P. No. 2, the Secretary, School Education and Literacy Department, Government of Jharkhand and the O. P. No. 3, the Director, Secondary Education, Government of Jharkhand are permitted to draw their salaries till further order of this Court.
10. Put up this ca
The court emphasized the necessity of compliance with its orders and allowed state officials to draw salaries pending further compliance, highlighting the importance of adhering to court directives.
The court found no grounds for contempt as the government complied with orders despite delays, emphasizing compliance assessment only.
Non-compliance with court orders can lead to contempt proceedings, emphasizing the necessity for adherence to judicial directives.
Importance of complying with court orders and accurately fulfilling entitlements as directed by the court
The court emphasized that willful disobedience of its orders constitutes contempt, and the principle of 'no work no pay' cannot override established rights under judicial directives.
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