SMT. VINITA SHARMA AND ANOTHERversusSRI SURENDRA KUMAR TIWARI, SECRETARY, BASIC SHIKSHA PARISHAD

          HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 5324 of 2026

Smt. Vinita Sharma And Another
                                                                     .....Applicant(s)
                                        Versus

Sri Surendra Kumar Tiwari, Secretary, Basic
Shiksha Parishad                                                         .....Opposite
                                                                               Party(s)

Counsel for Applicant(s)      : Avinash Chandra                    Tiwari,     Shyam
                                Kishore Tripathi
Counsel for Opposite Party(s) : Yatindra

Court No. - 53
                      HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 24.03.2026 passed in Writ-A No. 3583 of 2026
order whereof is quoted herein under:-

"1. Mr. Bhupesh Pratap Singh, learned counsel for the BSA has passed on the the
instructions to the Court. It is taken on record.
2. Heard learned counsel for the petitioner, learned Standing Counsel for the State,
Mr. Bhupesh Pratap Singh, learned counsel for respondent nos. 3 & 4, and perused
the record.
3. The petitioners have preferred instant writ petition for the following reliefs:
i. Issue a writ, order or direction in the nature of mandamus directing the respondents
to make payment of all admissible increment, arrears of back-wages/salary, seniority
and other admissible dues from the date equally placed and working Assistant
Teachers i.e. Sarita Rani, Rohitash Singh, Abdul Shajid, Arun Kumar and Narendra
Kumar who were selected and undergone training along with petitioners for the post
of Assistant Teacher Primary School selected in pursuance of advertisement dated
27.07.2016 as their name placed in the letter dated 05.11.2016 who are being paid
full salary from the date of their joining i.e. 01.07.2017 working in different Primary
Schools and are equally placed persons along with the petitioners in faithful and strict
compliance of the judgment dated 30.11.2018 passed by this Hon'ble Court in Civil
Misc. Writ Petition No. 19390/2017 (Vinita Sharma and another Vs. State of U.P. and
others).
ii. Issue a writ, order or direction in the nature of mandamus directing the
Respondents to calculate the arrears of back wages payable from 1.07.2017 till the
date of allowing the petitioners to work on 20.07.2024 along with 12% interest on
arrears for the post of Assistant Teacher Primary School and all consequential
benefits of promotion etc. to save the interest of justice.
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                                    2

4. Learned counsel for the petitioners submits that though the petitioners had secured
higher marks than the cut-off of 'women general category', however, when their case
was not considered they filed Writ-A No. 19390 of 2017, which was decided by order
dated 30.11.2018 directing that the petitioners shall be allowed to appear in post
training examination within four weeks from the date of presentation of certified copy
of the order and thereafter results would be declared if they are found ultimately
successful in the examination, and they shall be offered appointment in accordance
with law. Against the said order, a special appeal being Special Appeal No. 261 of
2020 (State of U.P. and others v. Vinita Sharma and others) was filed, which was
dismissed with the cost, by order dated 31.08.2022. The respondents filed special
leave petition before the Apex Court being Special Leave Petition (Civil) Diary No.
26741 of 2023 (The State of Uttar Pradesh & ors. v. Vinita Sharma & ors.), which
was also dismissed by order dated 21.08.2023. Thereafter, the State preferred a
review petition (Diary No. 45812 of 2023), which was dismissed vide order dated
09.01.2024.
5. After filing of contempt petition being Contempt Application (Civil) No. 3821 of
2023, when the contempt court took cognizance of the matter, the petitioners after
completion of the training were given appointment on 20.07.2024, however, they are
not being given the departmental increment, arrears of backwages, seniority, other
admissible dues from the date from which the assistant teachers, namely, Sarita Rani,
Rohitash Singh, Arun Kumar, Narendra Kumar, Abdul Shajid, who were selected and
had undergone training with the petitioners for the post of Assistant Teacher, Primary
School are being given. The petitioners being similarly placed with the
aforementioned Assistant Teachers are also entitled for the same benefit.
6. Learned counsel for the petitioners contends that regarding the aforesaid
grievance, the petitioners have moved a representation before respondent no. 3 but
nothing has been done till date, thus, a direction may be issued to decide the same and
all benefits as admissible to the petitioners may be given with interest.
7. On the basis of instructions, learned counsel for respondent nos. 2 & 3 submits that
as the matter of the petitioners was pending before this Court, therefore, the grievance
was not looked into. He further submits that in case the petitioners move fresh
representation, same shall be considered in accordance with law expeditiously.
8. Considering the facts and circumstances of the case but without expressing any
opinion on the merits of the case set up on behalf of the petitioners, the present writ
petition is disposed of by providing that the petitioners may make fresh individual
applications/representations, ventilating all their grievances, supported by such
documents, as may be advised, before the respondent no.3 - Secretary, Basic Shiksha
Parishad, U.P., Prayagraj, within two weeks from today along with a certified copy of
this order. On such representation being made, respondent no.3 shall make all
endeavours to consider and decide the same, strictly in accordance with law, by
means of a reasoned and speaking order, after giving proper opportunity of hearing to
the parties concerned, as expeditiously as possible, preferably within a period of six
weeks from the date of production of certified copy of this order, if there is no legal
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                                                                    3

                                    impediment."

                                    2. Today, Sri Yatindra has produced before this Court the order dated
                                    17.09.2026 is deciding the claim of the applicant.

                                    3. Since the order of the Writ-Court has been substantially complied with,
                                    the contempt application is consigned to record, leaving it open for the
                                    applicant to question the same before appropriate forum.

                                    4. Let a copy of the instructions be served upon the counsel for the applicant.

                                    5. Instructions filed today are taken on record and marked as Appendix 'A'.

                                    September 18, 2026
                                    N.S.Rathour

                                                                                             (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad