Non-compliance with judicial orders directing the payment of salary arrears, where existing inter-departmental disputes are used to justify delays, may constitute contempt of court, requiring the presence of concerned officials if compliance is not expedited.

O R D E R

1. Allowed, subject to all just exceptions.

CM APPL.945/2025 (Exemption)

2. Application stands disposed of.

3. The present petition alleges non-compliance of the directions contained in the judgment / order dated 16.10.2025, passed in W.P.(C) 6446/2025. The operative directions are as under:

“11. I am of the view that the question of whether the petitioner’s suspension has been rightly revoked, does not fall for consideration in this writ petition, as it is the admitted position that the suspension was never extended after the lapse of the original period of six months provided under Rule 115(2). In such circumstances, the suspension lapsed by efflux of time, and the petitioner became entitled to her full pay, even if the School was not taking any work from her.

12. In view of the above, the respondents are directed to pay the balance amount due to the petitioner from 20.06.2021 onwards, after adjusting the subsistence allowance already paid.

13. Although there is some dispute between the School and DoE with regard to responsibility for this situation, I am of the view that such an inter se dispute cannot defeat the rights of the petitioner. DoE and the School are therefore directed to make the aforesaid payment to the petitioner in the proportion of 95% and 5% respectively, which is the regular distribution of liabilities towards salaries. However, this will not preclude the respondents from any claims against each other in respect of the amounts disbursed to the petitioner.

14. As indicated above, this Court has also not commented upon the validity of the revocation orders, nor are the respondents foreclosed from taking any fresh action against the petitioner, if permissible in law. Henceforth, subject to further action that may be taken, the petitioner will be entitled to her full salary, and arrears be paid within a period of eight weeks from today.”

4. Learned senior counsel for the petitioner submits that instead of complying with the aforesaid directions, the respondents have stopped paying even the amount that was being paid to the petitioner prior to passing of the impugned order. As such, he submits that the respondents are guilty of committing egregious contempt of the aforesaid directions contained in the judgment / order dated 16.10.2025.

5. Issue notice.

6. Learned counsel, as aforesaid, accepts notice on behalf of the respondent no.1.

7. Issue notice to the respondent nos.2 and 3, on necessary steps being taken by the petitioner, through all permissible modes, including electronically.

8. Let a reply / compliance affidavit be filed within a period of four weeks.

9. The respondents are directed to expeditiously comply with the directions contained in the judgment / order dated 16.10.2025, failing which the concerned official/s of the respondent no.1 and respondent no.2 shall remain present in court on the next date of hearing.

10. List on 07.04.2026.