District Inspector Of Schools Azamgarh vs. Abdul Hamid

ITEM NO.2 COURT NO.6 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5295/2021

(Arising out of impugned final judgment and order dated 08-02-2021 in CAC No. 181/2019 passed by the High Court Of Judicature At Allahabad)

ARADHANA SHUKLA & ANR. Petitioner(s)

VERSUS

KARIMULLAH & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.46535/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.46536/2021-EXEMPTION FROM FILING O.T.)

WITH

SLP(C) No. 12291/2021 (XI)

Date : 04-04-2022 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s) Mr. Harish Pandey, AOR Mr. Nagendra Singh, Adv. For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Applications for exemption from filing C/C of the impugned judgment and exemption from filing O.T. are allowed.

Learned counsel for the petitioner(s) contends that the original order of which contempt is alleged dated 23.02.2018 at page 63 issued a direction to the Principal and the Committee of Management to pay the salaries of the concerned employees. However, the contempt proceedings have been initiated against the administration, being an aided institution.

In view of the contempt petition the employees were paid and the contempt was thereafter discharged. The submission is limited to the aspect in view of what has transpired, the petitioner should have the right to recovery from the Management.

Issue notice to the Administration, Committee of Management/respondent No. 3 in SLP(Civil) No. 12291/2021.

List both the matters together.

[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)