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2025 DAILYLAW 120615 (ALL)

KIRAN DEVI v. MR. YOGENDRA SINGH CHIEF ENGINEER (HEAD QUARTER-2) P.W.D. LUCKNOW

CAPL/297/2025 · 2025-02-04

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6999 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 297 of 2025 Applicant :- Kiran Devi Opposite Party :- Mr. Yogendra Singh Chief Engineer (Head Quarter-2) P.W.D. Lucknow Counsel for Applicant :- Ajay Kishor Pandey Hon'ble Manish Kumar,J. Heard. Present contempt petition has been preferred for non compliance of the judgment and order dated 01.08.2024 passed in Writ A No. 7696 of 2022. The relevant extract of the said judgment is being reproduced hereinbelow:- "In the meantime if any promotion order is issued in favour of the private opposite parties that shall be subject to the final outcome of the writ petition." Learned counsel for the applicants has submitted that despite the interim order dated 01.08.2024, an order dated 22.01.2025 has been passed in favour of one Shri Vinay Kumar Singh, who was respondent no. 4 in the writ petition preferred before the Writ Court, promoting him without there being any mention that the said promotion is subject to the outcome of the writ petition, hence, the said action is wilful disobedience committed by the respondent. After hearing learned counsel for the applicant and going through the record of the case as well as the relevant extract reproduced hereinabove, it is found that the Writ Court has passed an order directing thereby that if any promotion order is issued in favour of the private opposite parties that shall be subject to the final outcome of the writ petition and while issuing the promotional order of Shri Vinay Kumar Singh not mentioning that the same shall be subject to the final outcome of the writ petition does not amount to contempt of interim order dated 01.08.2024 passed by the Writ Court. Any promotional order wherein whether it is mentioned or not it is to be subject to the final outcome of the writ petition, so it is not a disobedience of the interim order passed by the Writ Court. In view of the aforesaid, the contempt application is misconceived, hence, rejected. Order Date :- 4.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench