Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37332 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 377 of 2023 Applicant :- Sushil Kumar Srivastava Opposite Party :- Shri Mahendra Bahadur Singh, D.M., Lakhimpur Kheri Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- Mayankar Singh,C.S.C. Hon'ble Rajeev Singh,J.
1. Heard Sri Shailesh Kumar Srivastava, learned counsel for the applicant and Sri Shiv Prasad Kushwaha, learned Standing Counsel appearing for the respondents.
2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 07.09.2022 passed by this Court in Writ-A No. 6751 of 2009.
3. Learned counsel for applicant submits that as grievance of the applicant was not been considered, he filed a writ petition i.e. Writ-A No. 6751 of 2009 and after exchange of the affidavits, the said writ petition was allowed on 07.09.2022 with direction to the authorities to consider the claim of the petitioner for regularization under 35% quota taking into
consideration the observations made in the judgement. It was also observed by the writ Court that in case the age bar limit fixed by the authorities has crossed by the petitioner, the matter shall be placed before the Hon'ble Governor, U.P. for grant of relaxation in age and necessary order shall be passed in this regard. It is further submitted that the case of the applicant was never sent to Hon'ble Governor and the decision has been taken by Additional Chief Secretary, Department of Revenue, Government of U.P. on 24.07.2023. It is also submitted that similarly situated persons have already been regularized and as the respondents violated the directions of the writ Court, they may be summoned and punished accordingly.
4. Sri Shiv Prasad Kushwaha, learned Standing Counsel appearing for the respondents submits that as per the provisions of Rules of Business, proper approval was obtained by the
competent authority, thereafter, formal order was issued by Additional Chief Secretary, Department of Revenue, Government of U.P.
5. Considering the submissions of learned counsel for the parties and going through the contents of the order passed by the writ Court, affidavit of compliance, the decision taken by the concerned authority as well as other relevant material, this Court is of the view that other factual aspects of the decision of the authority cannot be examined by the Contempt Court. Accordingly, the contempt application is dismissed.
6. However, it is open to the applicant to take appropriate remedy, if he is feeling aggrieved with the decision taken by Additional Chief Secretary, Department of Revenue, Government of U.P.
Order Date :- 2.7.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench