Facts
The petitioners filed contempt petitions under the Contempt of Courts Act against the respondents for non-compliance with a judgment dated 10.10.2018 passed in Pankaj Negi v. State of Uttarakhand
Source reference: para. 1That judgment was based on a Division Bench order dated 11.12.2012 in Special Appeal No. 258 of 2012, which directed the State to pay contract faculty members at par with regular faculty
Source reference: para. 2The State’s subsequent Special Appeals and review applications were dismissed by the High Court
Source reference: paras. 3-4a further appeal to the Hon’ble Supreme Court was also dismissed
Source reference: para. 6During the pendency of these contempt proceedings, the State counsel informed the Court that a special fund has been allotted to fulfill the payment obligations
Source reference: para. 7Issues
Whether the respondents’ failure to pay the difference in remuneration as per the 2012 Division Bench directions constitutes actionable contempt necessitating the continuation of proceedings
Source reference: paras. 1, 9Law Applied
The court applied the Contempt of Courts Act, 1971, focusing on the enforcement of judicial orders and the principle of substantial compliance.
Source reference: no citationthe State is bound by the Central Government’s mandate (letter dated 30.12.2008) to ensure contract instructors' salaries are at par with regular faculty, regardless of whether the State receives specific financial assistance for such remuneration
Source reference: para. 2Reasoning
The Court examined the procedural history, noting that the State had exhausted all legal remedies, including review petitions and an appeal to the Apex Court, all of which were dismissed
Source reference: paras. 4-6The State provided a factual undertaking that a special fund had been allotted and the budget would be released by the end of May 2026 for disbursement to the petitioners
Source reference: para. 7The Court reasoned that since the State had taken concrete steps toward fiscal allotment, the judgment had been "substantially complied with," rendering the continuation of contempt proceedings unnecessary at this stage
Source reference: para. 9Holding
The Court closed the contempt proceedings in view of the State’s statement regarding the allotment and imminent release of funds
The Court held that there was no useful purpose in continuing the petitions as compliance was underway
Source reference: para. 9However, it granted liberty to the petitioners to approach the Court again if the directed compliance was not fully realized
Source reference: para. 10Original Court PDF
JAYDEEP BOORIYANvsC RAVI SHANKAR
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