( 1 ) THIS contempt appeal has been preferred against the judgment and order dated 29. 5. 1997 of a learned single Judge in Civil Misc. Contempt Petition No. 955 of 1993. In the contempt petition smt. Sumita Khandpal. Principal Secretary, Medical Health and Family Welfare and Dr. P. D. P mathur Director General, Medical Health and Family Welfare were arrayed as opposite parties. In April, 1997, Smt. Sumita Khandpal was transferred and Sri A. P. Verma took over as principal Secretary, Medical Health and Family Welfare. Dr. P. D. P. Mathur retired soon after filing of the contempt petition and Dr. H. C. Vaish was officiating as Director General. Medical health and Family Welfare at the time of filing of the appeal. Therefore, the present appeal has been filed by Sri A. P. Verma and Dr. H. C. Vaish and not by those who were arrayed as opposite parties in the contempt petition.

( 2 ) U. P. Laboratory Technicians Association and two others filed Civil Misc. Writ Petition No. 8345 of 1989 against State of U. P. through Secretary, Medical Health and Family Welfare. U. P. , Lucknow, Director General, Medical Health and Family Welfare and Director, Medical and health Services with a prayer that a writ of mandamus be issued directing the respondents to give the same salary to the petitioners which is being paid to Laboratory Assistants. The writ petition was allowed by the judgment and order dated 3. 2. 1993 and the operative portion of the order reads as follows : "in the circumstances of the case, the petition is allowed and I direct that the Laboratory technicians will get the same pay scale as that of Laboratory Assistants, within two months. Sri B. P. Srivastava, learned counsel for the petitioner has submitted that Senior Laboratory technicians should get higher pay than that of Laboratory Technicians. In the present case, I have only held that the Laboratory Technicians should be given the same pay as the Laboratory assistants. If the Senior Laboratory Technicians are wanting higher pay then they should make a representation to this effect giving details of the nature of duties they are performing and how these duties are more arduous than those of Laboratory Assistants. If such a representation is made within a month the same shall be decided within two months thereafter by a reasoned order. The petition is allowed. No order as to cost. " the writ petitioners, namely, U. P. Laboratory Technicians Association and others filed Civil misc. Contempt Petition No. 955 of 1993 under Sections 10 and 12 of the Contempt of Courts act, 1971 (hereinafter referred to as the Act) praying that this Court may initiate contempt proceedings against the opposite parties for having wilfully flouted the Judgment and order dated 3. 2. 1993 passed in Civil Misc. Writ Petition No. 8345 of 1989 and to suitably punish them for the same. Notice was issued to the opposite parties to show cause why they should not be punished for having committed contempt of court. The opposite parties filed counter-affidavits. After hearing counsel for the parties, the learned single Judge passed the impugned order dated 29. 5. 1997 against which the present Special Appeal has been filed. In order to appreciate the controversy raised in the appeal, It is necessary to reproduce certain portions of the impugned order of the learned single Judge which are as under: "i will take up the second direction first. This Court directed the Senior Laboratory Technicians to make representation for higher pay scale within a month and the said representation was to be decided within two months. The Court did not specifically direct that the Senior Laboratory technicians should be given better pay scale than that of the Laboratory Assistants. The Court only directed the respondents to decide the representation by a reasoned order. The representation has now been decided on 16. 11. 1994. A copy of the decision has been filed as annexure-CA-3 to the supplementary counter-af