Case Note & Summary
The petitioner, Smt. Sudha Prabhakar Gothoskar, filed a contempt petition alleging that the respondents, Lok Seva Sangh, Lok Seva Vidyalaya, Suhas Kulkarni, and the State of Maharashtra, had willfully disobeyed the order of the School Tribunal dated 5.2.1990. The petitioner had been reverted from the post of Head Mistress to Assistant Teacher by an order dated 28.1.1989, which she challenged in Appeal No. GEN/21/BOM/10 of 1989 before the School Tribunal under Section 9(1)(a) of the M.E.P.S. Act, 1977. The Tribunal allowed her appeal and ordered her reinstatement. The petitioner claimed that the respondents failed to pay her full salary from 17.8.1988 to 31.1.1989 and from 1.2.1989 to 31.12.1989, amounting to Rs.47,000/-, and that although she was reinstated w.e.f. 1.6.1990, the respondents did not pay the difference in salary and emoluments attached to the post of Head Mistress. The respondents filed an affidavit in reply denying willful disobedience and stated that they had addressed letters to the petitioner and the Education Department regarding the matter. The court, after considering the submissions, held that the respondents had demonstrated financial constraints and had paid the arrears as per the Tribunal's order. The court found no willful disobedience and dismissed the contempt petition.
Headnote
A) Contempt of Court - Willful Disobedience - Section 2(b) Contempt of Courts Act, 1971 - The petitioner alleged that the respondents failed to pay full salary from 17.8.1988 to 31.1.1989 and from 1.2.1989 to 31.12.1989 despite the School Tribunal's order of reinstatement. The court held that the respondents had demonstrated financial constraints and had paid the arrears as per the Tribunal's order, and thus there was no willful disobedience. (Paras 1-3) B) School Tribunal - Reinstatement and Arrears - Section 9(1)(a) M.E.P.S. Act, 1977 - The School Tribunal allowed the petitioner's appeal against reversion from Head Mistress to Assistant Teacher. The court noted that the respondents had reinstated the petitioner and paid the arrears, and the contempt petition was dismissed as the respondents had not willfully disobeyed the order. (Paras 1-3)
Issue of Consideration
Whether the respondents are guilty of contempt of court for willfully disobeying the order of the School Tribunal regarding payment of salary arrears to the petitioner.
Final Decision
The contempt petition is dismissed. The respondents are not guilty of contempt of court as there was no willful disobedience of the School Tribunal's order.
Law Points
- Contempt of Court
- Willful Disobedience
- School Tribunal Order
- Section 2(b) Contempt of Courts Act
- 1971
- Section 9(1)(a) M.E.P.S. Act
- 1977
