ORDER : Saghir Ahmad, J. On 9-5-1996, this Court passed the following order: "Ramkrishna Ramdhari Yadav, the appellant before us, has already undergone the sentence awarded to him by the High Court under the Contempt of Courts Act, 1971. Mr. Ranjit Kumar, learned counsel for the respondent-teachers states that the amount due to the teachers have been paid to them. He further states that the teachers have been reinstated in service. His only apprehension is that the appellant may not pay to the respondents their future salary regularly. Learned counsel for the appellant undertakes on behalf of the appellant to pay the salary to the respondent-teachers regularly so long as they are working in the schools. The contempt notice is discharged. The appeal is disposed of. No costs." 2. A perusal of the above order will show that the respondent had given an undertaking to this Court that he will pay salary to the respondent-teachers regularly so long as they are working in the schools. This order will also show that on that date itself, the teachers had expressed an apprehension that the present contemner would not pay their salary regularly. On the present application filed for taking action against the contemner, notice was issued. 3. During the course of the proceedings, the conduct of the respondent was not fair, inasmuch as he absented himself from attending the court and at one stage, namely on 12-1-1998, a bailable warrant of arrest was issued against him. 4. Today, when the case was taken up, it was contended on behalf of the respondent that the services of these teachers, who are the applicants before us, have already been terminated, as they had absented themselves from the schools regularly. It was further contended that the services were terminated after disciplinary proceedings and after following the procedure prescribed under the relevant statutes and rules. The contemner has not filed any document before this Court to indicate that disciplinary proceedings were not initiated against the teachers and that their services were terminated after following the procedure prescribed under the relevant rules. 5. The contemner has not filed any document before this Court to indicate that disciplinary proceedings were not initiated against the teachers and that their services were terminated after following the procedure prescribed under the relevant rules. 5. The other justification for not honouring the undertaking is that although salary was offered to the teachers, they had refused to put their signatures on the pay bills and if and when they come to the institutions and put their signatures on the pay bills, they can collect the salary for the period from July 1996 to February 1998. 6. It is pointed out by the learned counsel for the respondent that in the letter dated 19-2-1998 "February 1998" is a typing error and this should be treated as February 1997, as was indicated in the contemner’s letter dated 21-11-1997. This letter reads as under: "To, Smt. Aruna T. Dhandnekar (Assistant Teacher), Raghunath Hindi Prathmik Shala, Ahmedabad. Sub: About relieving from service of Raghunath Hindi Prathmik Shala. This is to inform you that from 7-2-1997, you have, without giving any intimation, continuously till this date remained absent from Raghunath Hindi Prathmik Shala. You are hereby relieved from service. If within seven days of the receipt of this letter, you do not present yourself in the Shala, then the Shala will take it that you have been relieved from service. Please note this. You resumed duties in May 1996. The cheques for your salary for the months for which you remained present in the Shala are ready. You were not ready to accept the same. However, we have sent to you by registered post A/D cheques for your salary for the months of May 1996 and June 1996. The institution cannot afford to send you every month the cheques for your salary by registered post A/D. Therefore, you are requested to receive the cheques for your salary for the remaining months. sd/- Administrator, Raghunath Hindi Prathmik Shala, behind Anil Starch Mill, Shastry Marg, Ahmedabad." 7. The contents of this letter itself are contradictory. The letter purports to say that since the applicants had been absenting themselves continuously from 7-2-1997, they were relieved from their services. It further purports to say that if within 7 days of the receipt of this letter, they do not present themselves in the institutions, then it will be treated that they are relieved from service. The letter purports to say that since the applicants had been absenting themselves continuously from 7-2-1997, they were relieved from their services. It further purports to say that if within 7 days of the receipt of this letter, they do not present themselves in the institutions, then it will be treated that they are relieved from service. Both these averments cannot go together; either they were relieved from service or they are still to be relieved from service. 8. In view of the above, we are of the opinion that the contention of the contemner that the services of the applicants were terminated on account of their continued absence is not correct. In our opinion, they continued to be in the service of the institutions and they are entitled to be paid their salary. However, before taking any action against the contemner, we give him another opportunity to comply with the undertaking and therefore, we direct the District Education Officer concerned to calculate the salary payable to these applicants from July 1996 till 31-12-1998, taking into consideration the impact of the 5th Pay Commission Report. This amount shall be calculated and intimated to the respondent within 3 weeks from the date of receipt of the copy of this order, who within 3 weeks thereof shall make full payment to the applicants. 9. The respondent is also directed not to obstruct the applicants from attending the schools and carrying out their duties in the schools. 10. This matter shall be put up in the first week of February 1999. 11. The contemner shall be personally present in court on the next date of hearing.