1 cp38.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 38 OF 2011 IN WRIT PETITION NO. 7377 OF 2007 Janardhan s/o Marutrao Jadhav, Age: 36 years, Occ: Nil, R/o. Lohara Limbi, Tq. & DIst. Hingoli, and another. ...PETITIONERS VERSUS The State of Maharashtra, through it's Secretary, Tribal Development Department, Mantralaya, Mumbai-32 and others. ...RESPONDENTS ... Mr. A.T. Kanawade, Advocate for petitioners. Mr. D.V. Tele, A.G.P. for State/respondents. ... CORAM: S.S. SHINDE, J. DATE : 16TH AUGUST, 2011 PER COURT : Heard learned Counsel appearing for the petitioners and learned A.G.P. for the respondents. 2 cp38.11 2. This contempt petition alleges disobedience of the order dated 09-09-2009 passed by the Division Bench in Writ Petition No. 7377 of 2007. The relevant directions given to the respondents are in Paragraph-6, which reads thus : "6. We therefore, direct the respondents No. 2 to 4 to absorb the petitioners in any existing or newly established Government or aided private Ashram school on the same terms and conditions. It is further directed that services of the petitioners will be regularized from the date on which the petitioners were appointed on the same terms and condition as stipulated in Government Resolution dated 06th December, 2005 and 25th September, 2006." . Since the above directions given by this Court were not complied with by the respondents, this contempt petition is filed by the original petitioners. This Court heard the contempt petition and issued notice to the respondents on 3 cp38.11 23-06-2011. In pursuant to the notice issued in this contempt petition, respondent Nos. 3 and 4 have filed affidavit in reply and additional affidavit in reply. 3. Learned Counsel appearing for the petitioners invited my attention to Page-97 i.e. Exhibit-R collectively, the order issued by the Additional Commissioner, Tribal Development, Amrawati and submitted that, though by the said order the petitioners are appointed, however, period to complete postal D.Ed. Course mentioned in the said order is only four years. However, in the Government Resolution dated 25-09-2006 period of five years is mentioned. Therefore, according to Counsel for the petitioners, the petitioners are also required to be given five years period to complete postal D.Ed. Course. . When learned A.G.P. was confronted with this argument advanced by learned Counsel for the petitioners, immediately he sought instructions 4 cp38.11 from the Additional Commissioner, Tribal Development Department, Amrawati, who is present before this Court and on instructions, he made a statement that the order at Exhibit-R-1 collectively at Page-97 would be modified accordingly thereby enabling the petitioners to complete Postal D.Ed. Course by 31-03-2016. On the request of learned A.G.P., the matter was kept back for filing further additional affidavit in reply. When the matter is called out in second round, learned A.G.P. has filed further additional affidavit in reply stating therein that, respondent No. 3 will modify the order dated 12-08-2011 and as per modified order, the petitioners have to complete postal D.Ed. Course upto 31st March, 2016 as per Government Resolution dated 25-09-2006. . It is also relevant to mention that the petitioners have already joined as Assistant Teacher in Ashram School, Revsa, Taluka and District Amrawati and Rajura Bazar, Taluka Warur 5 cp38.11 District Amrawati. 4. In the light of affidavit in reply, additional affidavit in reply and further additional affidavit in reply filed by respondent No.3, nothing further survives for consideration in this contempt petition. Contempt Petition is disposed of. Notice stands discharged. [S.S. SHINDE, J.] sut/AUG11