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2025 DAILYLAW 126658 (ALL)

HANSA RAM v. MR. AJAY CHAUHAN, PRIN. SECY., PUBLIC WORKS DEPTT., LKO. AND ANOTHER

CAPL/1031/2024 · 2025-08-27

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1031 of 2024 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard. In the present contempt application, the following order was passed by this Court on 23.07.2025:- "(C.M. Application No. 3 of 2024) 1. This is an application seeking condonation of delay in filing the recall application. 2. Heard learned counsel for the applicant and learned Standing Counsel. 3. Cause shown for delay in the affidavit filed in support of the recall application is sufficient and the same is hereby condoned. 4. Delay condonation application stands allowed. (C.M. Application No. 4 of 2024) 5. This is an application seeking recall of the order dated 24.05.2024 6. Heard learned counsel for the applicant and learned Standing Counsel. 7. On 24.05.2024, following order was passed. "1. Shri Sunil Bajpayee, learned Additional Chief Standing Counsel, while filing affidavit of compliance duly sworn by Mr. Vinod Kumar Srivastava, Engineer-in-Chief (Development) & Head of Department, Rural Road, Public Works Department, Lucknow, informs that the order of the writ Court has been complied with. The affidavit of compliance is taken on record. 2. Learned counsel for the applicant also concedes the aforesaid fact. 3. Considering the submissions of the learned Standing Counsel and going through the order of the writ Court as well as contents of the affidavit of compliance, the application stands dismissed as infructuous." 8. Learned counsel for the applicant submits that the salary for the period of June, July and August, 2024 has not been paid to the applicant. 9. Recall application stands allowed. Order dated 24.05.2024 is hereby recalled. 10. List this case on 30.07.2025 within top 10 cases. Versus Counsel for Applicant(s) : Amrendra Nath Tripathi, Akash Mishra, Ramesh Kumar Srivastava Counsel for Opposite Party(s) : Neel Kamal Mishra Hansa Ram .....Applicant(s) Mr. Ajay Chauhan, Prin. Secy., Public Works Deptt., Lko. And Another .....Opposite Party(s) 11. In the meantime, Shri Sunil Bajpayee, learned Additional Chief Standing Counsel shall seek written instructions from Engineer-in-Chief (Development) and Head of Department/Rural Road, Public Works Department, Lucknow that as to why the salary for the months of June, July and August, 2024 has not been paid to the applicant." Learned Standing Counsel on the basis of instructions received has submitted that the salary for the months of June, July and August, 2024 has been paid to the applicant and in this regard, he placed reliance upon a letter dated 05.08.2025 written by Executive Engineer, Public Works Department, Lucknow, which has been placed before this Court during the course of argument, which is taken on record. Learned counsel for the applicant has submitted that the salary has been paid with delay but unable to dispute that the applicant has received the payment of salary for the months of June, July and August, 2024. In view of the aforesaid, the present petition has become infructuous. Contempt application is dismissed as infructuous. Notice issued, if any, stands discharged. August 27, 2025 Ashish CAPL No. 1031 of 2024 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench