U.P.VAN SANKHYIKIYE SEVA SANGH THRU ITS GEN.SECY. and 2 ORS. v. V.N. GARG POSTED AS PRIN.SECY.FOREST CIVIL SECTT.LKO.and ORS.
CAPL/1348/2014 · 2025-07-30
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115518 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44141 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1348 of 2014 Applicant :- U.P.Van Sankhyikiye Seva Sangh Thru Its Gen.Secy. And 2 Ors. Opposite Party :- V.N. Garg Posted As Prin.Secy.Forest Civil Sectt.Lko.And Ors. Counsel for Applicant :- Atul Kumar Dwivedi,Vineet Bihari Patel Counsel for Opposite Party :- C S C,Gufran Hussain Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and Shri Sunil Bajpai, learned Standing Counsel for the opposite parties.
2. The present application has been filed with the prayer to summon and punish the opposite parties for wilful and deliberate defiance of the order dated 03.02.2010 passed by the Writ Court in Writ Petition (S/S) No.2974 of 2007 (Uttar Pradesh Van Sankhyikiye Seva Sangh and Ors. Vs. State of UP and Ors.).
3. Learned counsel for the applicants submits that the Writ Petition (S/S) No.2974 of 2007 was allowed on 03.02.2010 with the consent of learned Standing Counsel and the benefit of
order dated 21.08.2008 passed in Writ Petition (S/S) No.5902 of 2005 (Ghanshyam Singh and Anr. Vs. State of UP and Ors.) was extended to the applicants. But the aforesaid order was not being complied with, therefore, present application was filed. He further submits that till today, benefits have not been extended to the applicants, therefore, opposite parties should be summoned and punished, accordingly.
4. Shri Sunil Bajpai, learned Standing Counsel submits that the affidavit of compliance has already been filed on 23.04.2025 by opposite party no.7- Shri Deepak Kumar, Additional Chief Secretary, UP, Civil Secretariat, Lucknow, stating therein, the financial approval has already been given for necessary compliance of the direction of the Writ Court and the same will be extended to the members of Cadre individually. He also informed that another affidavit dated 22.05.2025 was thereafter, filed by opposite party no.8- Shri Anil Kumar-III, Principal Secretary, Department of Forest, Govt. of UP, Lucknow, stating therein, the formal order has already been passed on 23.04.2025 addressing to the PCCF for extending the benefits to the
individuals.
5. Shri Sunil Bajpai, learned Standing Counsel also placed written instructions dated 29.07.2025 duly signed by Shri Pramod Kumar Gupta, Chief Conservator of Forest, UP, Lucknow, which is taken on record. He further informed that applicant no.3- Shri Raghuvansh Kumar Singh has been given the benefits and the arrears have already been credited in his account.
6. Considering the submission of learned counsel for the parties, going through the contents of application, order of Writ Court as well as other relevant documents, it is submitted by the
learned counsel for the applicants that there are 52 members in the Association but details of the members is not annexed with the present application. It is also evident from the affidavits filed by the opposite party no.8 that the formal order has already been passed, directing the PCCF for making payment to all the members in service. In such circumstances, I am of the view that no contempt is made out against the opposite parties.
7. Accordingly, the present contempt application is hereby dismissed.
8. However, it is open to the members of the Cadre to seek appropriate remedy, if they are feeling aggrieved with the decision taken by the Authority.
Order Date :- 30.7.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench