The respondents cannot dilute and interpret the order in a manner suitable to their convenience once there is a clear cut direction to grant the benefit of stepping up of pay to the petitioner with all consequential benefits.

Headnote:
CONTEMPT OF COURT - JUNIOR-SENIOR ANOMALY - PAYMENT OF ARREARS - [The Court held that the respondents cannot dilute and interpret the order in a manner suitable to their convenience once there is a clear cut direction to grant the benefit of stepping up of pay to the petitioner with all consequential benefits. The reasoning assigned is apparently contemptuous. The audacity of the respondents in passing order in a pending contempt case is not only a willful attempt but to overreach the order of this Court and also showed disrespect and disregard.]
Fact of the Case:

The petitioners, who are senior teachers in aided colleges, filed contempt petitions alleging that the respondents had not complied with the Court's earlier order directing them to grant the benefit of stepping up of pay to the petitioners with all consequential benefits applicable to the juniors.
Finding of the Court:

The Court found that the respondents had not complied with its earlier order and had passed an order in a pending contempt case in a manner that was contemptuous of the Court.
Issues: Whether the respondents had complied with the Court's earlier order.
Ratio Decidendi: The Court held that the respondents had not complied with its earlier order and had passed an order in a pending contempt case in a manner that was contemptuous of the Court. The Court further held that the respondents cannot dilute and interpret the order in a manner suitable to their convenience once there is a clear cut direction to grant the benefit of stepping up of pay to the petitioner with all consequential benefits.
Final Decision: The Court ordered the closure of the contempt petition with a liberty to revive the matter in case, arrears of the salary are not paid as undertaken in this Court.

JUDGMENT

[Con.Case(C) Nos.1330/2021, 1334/2021, 1342/2021, 1349/2021, 1359/2021, 1360/2021, 1364/2021, 1365/2021, 1369/2021, 1376/2021, 1387/2021, 1415/2021, 1426/2021, 1428/2021, 1430/2021, 1499/2021, 1544/2021, 1670/2021]

This Court on the last date of hearing passed the following order:

Purported compliance of the direction of this Court contained in paragraphs 5 and 6 of the judgment dated 9.2.2021 is sought to be made by order dated 29th November, 2021 of the Department of Higher Education. Clause 4 of the aforementioned order reads thus:

“4. For determining the arrears on account of this stepping up of the pay of the senior teacher to that of his junior, the arrears accrued should not exceed the amount found to be actually due under the claim for a period of two years immediately preceding the date on which the anomaly was brought to the notice of the Head of the Department.”

2. Paragraphs 5 and 6 of the judgment of this Court dated

9.2.2021 read thus:

“5. This order has been issued in due compliance of the judgment dated 5.12.2019 rendered in WP. (C)No.33127/2019. Such adoption of pick and chose policy of the respondents is not only atrocious, malicious,but acrimonious.

6. This Court would have imposed cost to be recovered from the responsible officer, but refrain to do so. Such type of rampant discrimination would not go unescaped from the judicial scrutiny. Accordingly, the impugned decision dated 19.6.2019 is quashed.

The respondents are directed to grant the benefit of stepping up of pay to the petitioners with all consequential benefits applicable to the juniors. The writ petitions are allowed in aforesaid terms."

3. Respondents cannot dilute and interpret the order in the manner suitable to their convenience once there is a clear cut direction to grant the benefit of stepping up of pay to the petitioner with all consequential benefits. The reasoning assigned is apparently contemptuous. The audacity of the respondents in passing order in a pending contempt case is not only a willful attempt but to overreach the order of this Court and also showed disrespect and disregard. The respondents have already been put notice on the Contempt Petitions. Thus for the purpose of proceeding further in the Contempt Petition with regard to the quantum of the punishment, I afford an opportunity to the respondent to appear in person and give the reasons with a liberty that in case there is compliance of the order of this Court before the date of appearance, this order will not be enforceable.

2. Today, learned Government Pleader placed on record an order dated 7.1.2022 complying with all the judgments pronounced by the High Court relating to the Junior- Senior anomaly among the teachers in aided colleges. Counsel for the petitioner submits that the grievance now stand vindicated but as regards the arrears, they have to be paid by the Government.

3. Faced with the situation, the learned Government Pleader submits that as and when relevant documents are submitted by the concerned Principal of the Colleges, the arrears shall be paid without further delay.

In this view of the matter, I order the closure of the contempt petition with a liberty to revive the matter in case, arrears of the salary are not paid as undertaken in this Court.

Sd/-

sab AMIT RAWAL JUDGE APPENDIX OF CON.CASE(C) 1334/2021 W.P.C NO. 24229/2019 OF THIS HON'BLE COURT.

APPENDIX OF CON.CASE(C) 1342/2021 WPC NO. 17639/2019 OF THIS HONOURABLE COURT., APPENDIX OF CON.CASE(C) 1349/2021 Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 12.02.2021 IN WPC NO. 107/2020 OF THIS HONOURABLE COURT.

NO. 31366/2019 OF THIS HONOURABLE COURT.

APPENDIX OF CON.CASE(C) 1359/2021 IN WPC NO. 34597/2019 OF THIS HONOURABLE COURT.

APPENDIX OF CON.CASE(C) 1360/2021 WP C NO. 21549/2019 OF THIS HONOURABLE COURT.

APPENDIX OF CON.CASE(C) 1364/2021 Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 12.02.2021 IN W.P.(C) NO.2227/2020 OF THIS HONOURABLE COURT.

W.P.(C) NO.31366/2019 OF THIS HONOURABLE COURT.

APPENDIX OF CON.CA

Click Here to Read the rest of this document