The complainant has filed the present civil contempt

petition to take action against the accused persons under the

provisions of Sections 11 and 12 of the Contempt of Courts

Act, 1971, for willful disobedience of the order passed by the

learned Single Judge of this Court dated 18.01.2021 made in

W.P.No.4204/2015, wherein the learned Single Judge while

allowing the writ petition in part, directed respondent Nos.1 to

3 and 5 therein to refund the amount of Rs.2,40,000/- to the

petitioner-complainant within three months from the date of

receipt of copy of the order and further directed the said

respondents to consider whether the petitioner-complainant is

Craft Teacher Grade-I or Craft Teacher Grade-II and fix the

appropriate salary applicable to such post, within three

months from the date of receipt of copy of the order. Since

the order of the learned Single Judge has not been complied

with, the complainant was forced to file the present civil

contempt petition on 21.09.2021.

2.

This Court issued notice to the accused persons

and when the matter came up before this Court on

27.01.2022, it was observed that accused Nos.1 to 4 were

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served but unrepresented, Sri. Kiran Kumar, learned HCGP

undertook to file power for accused Nos.1 to 3 and bailable

warrant was issued to accused No.4.

3.

Today, Sri. Kiran Kumar, learned HCGP has filed a

memo along with the order dated 16.02.2022 passed by the

State Government, wherein, it has ordered to refund an

amount of Rs.2,40,000/- to the complainant and has held that

the petitioner-complainant is Craft Teacher Grade-I, fixing the

pay scale at Rs.1040-1900/-.

4.

Sri.

Yogesh.V.Kotemath,

learned

counsel

for

accused No.4 has filed application-I.A.No.1/2022 to recall the

order dated 27.01.2022 passed by this Court and submits that

respondents/accused Nos.1 to 3 are the authorities to pay the

salary and fix the grade. Accused No.4 is only the Head

Master and he has nothing to do with regard to compliance of

order passed by the learned Single Judge. Therefore, sought

to recall the order dated 27.01.2022, wherein, accused No.4

was issued with bailable warrant. Accepting the cause shown

in the application, order dated 27.01.2022, wherein, bailable

warrant issued to accused No.4 is recalled and accordingly,

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I.A.No.1/2022 is allowed with a warning to accused No.4-

Head Master that he shall respond to the summons issued in

such matters in future and as a Head Master, he should be

always alert.

5.

Having heard the learned counsel for the parties,

it is undisputed fact that the learned Single Judge of this

Court by order dated 18.01.2021 directed respondent Nos.1

to 3 and 5 therein, to refund the amount of Rs.2,40,000/- to

the petitioner-complainant within three months from the date

of receipt of copy of the order and further directed the said

respondents to consider whether the petitioner-complainant

would be Craft Teacher Grade-I or Craft Teacher Grade-II and

fix the appropriate salary applicable to such post, within three

months from the date of receipt of copy of the order. In all

fairness, the above said respondents ought to have complied

with the said order by refunding the amount and fixing the

grade of the complainant within three months from the date

of receipt of copy of the order.

6.

Admittedly, the complainant made representation

on 09.02.2021 along with the copy of the order passed by the

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learned Single Judge. The same was received by the State

Government on 12.02.2021. Atleast the said representation

ought to have been considered and appropriate order should

have been passed within 10.05.2021, but the same is not

done by the accused. Therefore, the complainant was forced

to file present civil contempt petition on 21.09.2022. Only

after issuance of notice to the accused and also bailable

warrant issued to accused No.4, now the memo along with

documents have been filed by the learned HCGP stating that

the State Government has passed an order dated 16.02.2022

to refund an amount