FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CONTEMPT PETITION NO. 311/2009 Smt.S.L.Wakchure, petitioner in person. Shri V.D.Hon,Adv.for R.1. Shri S.K.Kadam,AGP for R.2 to 4. .... CORAM : R.K.DESHPANDE,J. DATE : 18/11/2009. 1] Heard Smt.Suman Wakchaure, petitioner appearing in person. 2] The complaint in this petition is about willful disobedience of the judgment and order dated 12/8/08 passed in Writ Petition No. 6081/2007 alongwith connected Writ Petition No.7171/07. 3] By this judgment, the petitioner was held entitled to pay scale of Vth Pay Commission corresponding to the pay scales that teacher was drawing under IVth Pay Commission as a trained Graduate teacher from 1/5/1999. The petitioner was further held entitled to be placed in the senior scale on completion of 12 years, which would be counted from 9/6/1981. So far as the claim of the petitioner for payment of Provident Fund and Pension was concerned, it was rejected on the ground that it involves disputed questions of facts and the petitioner was at liberty to separately pursue the same. So far as the claim regarding Gratuity was concerned, the Education Officer, Zilla Parishad, Ahmednagar was directed to decide the claim for Gratuity after hearing the teacher and the employer and if she is held entitled to Gratuity, to direct the payment of Gratuity within time frame. 4] Shri S.K.Kadam, learned AGP has invited my attention to communication dated 26/3/2009 addressed to the petitioner. The petitioner is held to be not entitled to get Gratuity and her claim for senior scale was referred to the Senior Accounts Officer, Pay Unit, Ahmednagar, who will take the decision and communicate the same directly to the petitioner. It is not in dispute that the petitioner has received this communication. In view of this, so far as the compliance on the part of the Education Officer, Zilla Parishad, Ahmednagar is concerned, in terms of the judgment and order passed on 12/8/2008 in the aforesaid Writ Petition, stands complied with. It shall be open for the petitioner to persuade the matter with the concerned authority for grant of senior scale. However, there are no such directions issued by this Court in that respect and it cannot be said that there is any contempt, on the part of the Education Officer. 5] The petitioner has relied upon communication dated 24/7/2006 issued by the Education Officer (Secondary) Zilla Parishad, Ahmednagar, to the President of the Society in respect of pay fixation and payment of difference in the pay scale. She has further relied upon the another communication dated 20/3/2007, which has been issued by the Accounts Officer, Senior Auditor, Pay Scale, to claim that she was entitled to receive the salary as per the regular pay scale, which was available to the teachers working in grant in aid schools. She further relies upon the order dated 22/6/2001 passed in Civil Application No.3150/1994 in Writ Petition No.2657/1991. It is not disputed that the said petition has been disposed of and the same is not pending. The order passed was on the application for interim orders. It seems that the petitioner is aggrieved by her non fixation in the old pay scale available to the teachers in the grant in aid school. However, in this respect, there are no directions issued by this Court in the order of which the contempt has been complained of in the present petition. In view of this non fixation of pay of the petitioner in particular scale prior to 1/5/1999, would be a matter which the petitioner can agitate in the appropriate forum. However, in the absence of any direction to that effect, there is no question of contempt in respect thereof. 6] The petitioner has also alleged that she has not been paid retirement benefits and the respondent Education Officer, the Society and the Government according to her, are playing tactics to avoid to give her retirement benefits. She further claims that for causing her harassment, the respondent should be saddled with costs of Rs.10 Lakhs each. She further contends that her transfer was illegal. In my view, all these questions are not relevant, so far as present Contempt Petition is concerned. There is no willful violation/dis obedience of the order passed by this Court. In the instant Contempt Petition such disputed questions of facts cannot be for the first time adjudicated upon. What is required to be seen, is whether there is disobedience or breach of the order passed by this Court and whether such disobedience or breach is willful or not. In the background of the aforesaid contentions advanced, in my opinion, there is no case made out for contempt of Court. The same is therefore, dismissed. It is, however, made clear that none of the observations made in this order shall come in the way of the petitioner, in prosecuting other remedies available to her, for claiming retirement benefits, compensation, challenge to the transfer and all other incidental matters, which are not yet adjudicated by any forum. (R.K.DESHPANDE, J.) umg/cp311-09