Implementation of court order

Madhu Goyal (Querist) 08 October 2014 This query is : Resolved
Dear Experts,
I was a Primary Teacher on regular basis in a private unaided school. I was dismissed from service on false charges in 2012. Then I challenged the termination order before Distt Session Judge by filing civil appeal as per judgment passed by SC in TMA Pai Foundation case. In the appeal , I also prayed to the court to direct the respondent school to give me back salary since date of my appointment as per CBSE Bye Laws according to which I was entitled to be paid salary and other allowances at par with state govt teachers but the school was paying me less salary.The court set aside termination order and directed the respondent school to reinstate me with full back wages with 8% simple interest along with continuity in service within one month of date of order.But the court did not pass any order wrt second prayer i.e back payment as per CBSE Bye Laws. Further when I apprached to the respondent school , the school authorities refused to reinstate me on the pretxt that they will move to High Court. I have filed CAVEAT in High Court. I am pleading my case in person with the valuable advices of experts like you.
My questions are as under :-
1. Can I file fresh civil suit in lower court for back payment since date of appointment to till date ? Will the appeal filed as stated above affect filing fresh suit in the lower court ? Here it is pertinent to mention here that as per judgment of SC in TMA Pai Foundation case , SC has held that in states where there is no educational tribunal , an employee of private unaided school can file appeal before Distt Session Judge against the penalty of dismissal.
2. As the respondent school is not obeying court order wilfully, then should I file execution application or contempt of court petition or both ? In which court should I file execution application or contempt of court petition and under which sections of the concerned act ?
3. In case , if the school has filed CWP prior to filing my CAVEAT, will court grant me opportunity to hear me while deciding the writ filed by the school ?
4. What other remedies can school obtain to stop me from reinstatement ?
5. What kind of prayer should I do while filing execution beside prayer for implementation of court order ? Should I pray for imprisionment of faulty respondents ?
6. Can I file Execution and Contempt Petition simulateously ?
Kindly advise me so that I may draft the appeal accordingly.

Regards

Madhu Goyal

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Nadeem Qureshi (Expert) 09 October 2014
Dear Madhu
As per the information and queries raise by you my opinion is that you should file an execution petition before court who passed the order or concerned court for implementation of the court order, the opposite party have right to file an appeal before higher authority, so this is not a case for contempt of court.
if the opposite party file any appeal or writ before filing the caveat then the court is not bound to hear you, the court may passed any order if think fit so.
feel free to call