IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 84 of 2009 With (Delay Condonation Application No.2886/2009) (Stay application No.2887/2009) State of Uttarakhand and others ………. Appellants Versus Bachi Ram Thwal & another ……… Respondents ………………. Sri P.C. Bisht, learned brief holder for the appellants/State. Sri K.N. Joshi, learned counsel for the respondents/writ petitioners. Date: April 20, 2009 Hon’ble Prafulla C.Pant,J. Hon’ble B.S.Verma,J. (Per : Hon’ble Prafulla C.Pant,J.) Heard learned counsel for the parties. 2. This is delay condonation application No.2886 of 2009 for condonation of delay in filing the special appeal against the orders dated 07.01.2009 and 20.02.2009 passed by learned Single Judge in Writ Petition (S/S) No. 268 of 2008. 3. The delay condonation application is allowed. Delay is condoned. (Delay condonation application stands disposed of.) 4. Also heard learned counsel for the parties on admission and perused the orders dated 07.01.2009 and 20.02.2009. 5. It appears that the writ petitioners/respondents filed the writ petition No.268 of 2008 seeking benefit of Government Orders dated 28.06.2006 and 15.12.2006, and, their absorption as Shiksha Mitra under the said Government Orders. It appears that 2 the appellants contested the writ petition and filed their counter affidavit stating that a subsequent Government Order dated 14.02.2008 was issued whereby the earlier Government Order dated 28.06.2006 stood superseded. After considering the rival stands taken by the parties, learned Single Judge passed the following order in the writ petition on 11.12.2008:- “Learned Standing Counsel submits that the petitioners cannot be adjusted on the post of Shiksha Mitra in view of the Government order dated 14.02.2008 which superseded earlier Government Orders dated 28.06.2006 and 15.12.2006. On this the learned counsel for the petitioners argued that the Government order dated 14.02.2008 is subsequent to the date when the petitioners were given benefit of the earlier Government Orders dated 28.06.2006 and 15.12.2006 therefore the petitioners are entitled to continue on the post of Shiksha Mitra. Since petitioners were appointed prior to the Government Order dated 14.02.2008 and were given benefit of Government Orders dated 28.06.2006 and 15.12.2006, the respondents are directed to comply the order dated 02.05.2008 passed by this Court within a period of three weeks from today.” 6. The aforesaid order dated 11.12.2008 appears to have not been challenged by the appellants and still in operation. That being so, we do not find any error of law committed by the learned Single Judge in passing the order dated 07.01.2009, as an interim measure. As far as the order dated 20.02.2009 is concerned, we are of the view that if the appellants did not comply the directions issued on 11.12.2008, the petitioners could have moved an application before the appropriate Bench under the Contempt of Courts Act, 1971. During the arguments learned counsel for the petitioners submitted that Additional District Education Officer (Basic), Champawat 3 appeared before the learned Single Judge on 04.03.2009 and sought further time to comply the Court’s order and tendered unconditional apology for delay in complying the order. 7. Having heard learned counsel for the parties and after going through the papers on record, this special appeal is summarily disposed of with the following directions:- (1) The concerned officer i.e. Additional District Education Officer (Basic), Champawat shall comply the interim order passed by the Court on 11.12.2008 within a period of further one month from today. (2) In view of the order dated 04.03.2009 passed by the learned Single Judge, notices issued in compliance of order dated 20.02.2009 stand discharged. (3) If the order remains uncomplied with, the petitioners will be at liberty to move to appropriate Bench complaining the disobedience to the Courts order. (4) Any order passed by the Additional District Education Officer (Basic), Champawat in compliance of this order and the order dated 11.12.2008 passed by the learned Single Judge, shall be subject to the final decision passed in the writ petition. 8. (Stay application No.2887 of 2009 stands disposed of.) (B.S.Verma,J.) (P.C.Pant,J.) 20.04.2009 P.Singh