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1984 DIGILAW 298 (SC)

Avtar Singh v. Manmohan Singh

1984-09-14

AMARENDRA NATH SEN, D.A.DESAI

body1984
ORDER : 1. Having heard Mr. R.K. Garg and Mr. K.K. Venugopal learned counsel for the appellants and Mr. M.S. Gujaral, learned counsel for the State of Punjab, we indicated to Mr. Gujaral that the view taken by the High Court does not commend to us and therefore he must let us know what position the State of Punjab wants to take with regard to the allegation of contempt made in the petition. At his request we adjourned the matter till today. 2. Mr. M.S. Gujaral, learned counsel stated that the State of Punjab would carry out whatever directions are given by this Court. In order to enable the State of Punjab to set the matter right we make this short order. The view taken by the High Court in the judgment under appeal is unsustainable and therefore the judgment and order of the High Court is quashed and set aside. 3. Consequently the State of Punjab must implement the order, breach of which led to the petition for contempt of court being moved in the High Court. On the request of Mr. Gujaral we grant three months' time to the State of Punjab to carry out and effectively implement the order made by this Court in Special Leave Petition (Civil) No. 4612 of 1978 as incorporated in Civil Appeals Nos. 926-927 dated August 7, 1979 holding that the appellants and other petitioners in the High Court and teachers similarly situated are entitled to the benefit of the circular letter dated July 23, 1957 issued by the Government of Punjab which at one stage the Director of Public Instructions (Schools), Punjab, as per her affidavit dated February 5, 1980 unconditionally agreed to implement without raising any contention that the appellants, the petitioners in the High Court and teachers similarly situated were entitled to the benefit of the same circular letter. 4. Teachers who are similarly situated with the appellants or the petitioners in the High Court but who have not moved the Court for any relief must make necessary application for seeking benefit of the afore-mentioned order. 5. The appeal is allowed to the extent herein indicated without any order as to costs. 6. Reasons will follow.