"This is a classic case where the respondents (All India Siddharth International Educational Society and others) have cocked a snook at the law by using every possible device, ostensibly under the guise of remedies available under law, to avoid compliance of directions issued by this court vide the aforementioned judgement," Justice Rajiv Shakdher said.
Apart from the jail term, which would come into effect after 10 days of passing the order, the court also imposed a fine of Rs 2,000 each on Prem Shankar Gaur, Gyan Prakash, Ashok Kumar and R C Bharti, the office bearers of the society which used to run Vaishali International School here.
Justice Shakdher, however, kept the sentence at abeyance against contemnor R C Bharti, who is hospitalised.
The court's decision came on a contempt petition filed by Vaishali International School Teachers Welfare Association and 11 teachers alleging that the society and its office bearers did not comply with its earlier order.
A division bench, on August 18, 2006, had asked the school management to pay to teachers the arrears of salaries and other dues within four weeks with an interest calculated till the date of the judgement.
The woes of teachers began in 1997 following an inspection carried out by Directorate of Education (DoE) to check balance sheets and other records of the school for last five years.
The school management, instead of taking remedial steps as suggested by DoE, "acted inimically" against teachers and suspended nine of them from service.
The DoE did not approve the decision to suspend teachers and asked the school management to take them back.
The society, instead of taking back the teachers, took "an even more deleterious step" by ordering closure of the school. The DoE again rejected the decision.
The society then challenged the DoE's decision in the high court which allowed it to close down the institution.
The teachers' association then challenged the single judge order before a division bench which, on August 18, 2006, set aside the judgement and asked the school management to pay the arrears to the staffers.
The decision was not complied with, which led to filing of the contempt plea.
"What is quite evident is that the Society has used every legal stratagem to defeat the cause of the petitioners. The Society has made four attempts after the passing of the judgement dated 18.08.2006, to seek a review of the directions issued by this court.
"Apart from this, three attempts were also made with the Supreme Court, on three different occasions. The Society has failed at each and every step, despite which, there is no recognition of the fact that the Society and/or respondents are required to comply with the judgement of this court," the court said.
"In my view, there is no choice but to conclude that respondents have wilfully disobeyed the directions issued by this court..." Justice Shakdher said.
