HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Contempt No. 350/2019 Smt. Shakuntala Joshi W/o Shri Kishore Chandra Joshi, Aged About 54 Years, Resident Of Giriraj Kutir, Outside Nathusar Gate, Bikaner (Raj.).

----Petitioner Versus Mr. Kishan Swami, Secretary, Managing Committee, Shri Bhairav Ratan Matra, Senior Secondary School, Beganiyon Ka Chowck, Bikaner (Raj.). ----Respondent For Petitioner(s) : Mr. Vishal Sharma with Mr. Mayank Khatri For Respondent(s) : Mr. R.S. Saluja with Mr. Samarpit Gupta HON'BLE MS. JUSTICE REKHA BORANA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

26/02/2026

1. The present contempt petition has been filed alleging disobedience of order dated 10.04.2017 passed in D.B. Spl. Appl.

Writ No.861/2007.

2. Vide order dated 10.04.2017, the Court observed and held as under:

“In our opinion, no error has been committed by the learned Single Judge to quash the orders of termination and tribunal and to reinstate of respondent-petitioner in service on the post of Assistant Teacher with all consequential benefits. Therefore, no interference is called for in the judgment impugned. However, learned counsel for the appellant submits that at present appellant institution is not getting any aid from the State of Rajasthan, therefore, due to poor financial conditions, the appellant institution is not in position to pay arrears, therefore, the order of the learned single Judge for granting consequential benefits may be modified and arrears right from initial appointment to the judgment dated 28.5.2007 may kindly be waived. The appellant institution is ready to pay arrears w.e.f. 28.5.2007 in the pay scale of Assistant Teacher as ordered by the learned Single Judge.

We have considered the aforesaid prayer made by the learned counsel for the appellant and it is ordered that the salary of respondent-petitioner may be fixed in the pay scale of Assistant Teacher w.e.f. her initial appointment, which is 5.1.1994 and after fixation of salary, the amount of arrears may be calculated upto 28.5.2007, the date of which the learned Single Judge passed the order for granting all consequential benefits for the post of Assistant Teacher and out of total arrears upto the said date, 50% amount may be paid to the respondent-petitioner, but the arrear of salary from 28.5.2007 to the date of retirement of respondent- petitioner shall be calculated after fixation of the salary and be paid as ordered by the learned Single Judge for the post of Assistant Teacher. The entire exercise may be completed within a period of four months.

Consequently, the special appeal is hereby dismissed with above observations and directions.”

3. A reply to the contempt petition was filed for the first time in the year 2023 whereby it was averred that the petitioner having worked on a non-aided post, was reinstated and paid 50% of the salary upto the year 2007 and was paid the complete salary till her retirement in 2020. Therein, it was submitted that the petitioner not being working on an aided post, was not entitled to the salary as payable to the teachers working on aided post.

4. However, vide counter to the rejoinder filed on 02.02.2024, it was submitted that the dues of the petitioner for the period from 1993-1994 to 2006-2007 came out to be Rs.2,34,000/- and as per judgment dated 10.04.2017, 50% of the said amount was payable out of which Rs.1,11,568/- already stood paid. Net amount outstanding for the said period was only Rs.5,132/-. Further, the dues for the period of 2007-2008 to 2017-2018 were Rs.6,50,400/-, the aggregate outstanding hence, was Rs.6,55,532/-. Qua the said outstanding, cheque dated 05.08.2017 for an amount of Rs.5,11,00/- was paid to the petitioner and further Rs.57,276/- was deposited in her TDS account.

Furthermore, an amount of Rs.87,256/- was paid vide cheque dated 04.06.2018 and lastly, the salary for the months of April and May 2018 amounting to Rs.15,000/- was also paid vide cheque dated 04.06.2018. So far as the gratuity