RAM DEVI v. MS. KAVYASI, THE DISTRICT PROGRAMME OFFICER, CHILD DEVELOPMENT SERVICE AND NUTRITION, BARABANKI
CAPL/636/2025 · 2025-09-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127805 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 636 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been filed for alleged non-compliance of the judgment and order dated 05.10.2023 passed by Writ Court in Writ A No. 3500 of 2023 (Ram Devi Vs. State of U.P. and others). The relevant excerpts of the said judgment and order dated 05.10.2023 is being reproduced hereinbelow:-
"7. In view of aforesaid, since no written orders have been issued by the opposite parties stopping payment of honorarium to petitioner, it is
directed that petitioner shall be paid her honorarium alongwith arrears with effect from 20.06.2022 which shall be paid forthwith to her till final orders are passed by the competent authority in pursuance of show cause notice dated 20.06.2022."
Learned counsel for the respondent has filed compliance affidavit and in para 6 thereof, the details have been given regarding payment of arrears of honorarium to the applicant w.e.f. 20.06.2022. Against the compliance affidavit, objection has been filed by the applicant and she has not disputed the averment made in para 6 of the compliance affidavit regarding payment of honorarium w.e.f. 20.06.2022, as directed by the Writ Court. In para 4 of the objection, the applicant has come with a case that additional honorarium for which she is entitled in pursuance of the Versus Counsel for Applicant(s) : Surya Bhan Singh Counsel for Opposite Party(s) :
Ram Devi .....Applicant(s) Ms. Kavyasi, The District Programme Officer, Child Development Service And Nutrition, Barabanki .....Opposite Party(s)
Government Order dated 14.09.2021 has not been paid to the applicant. On being asked, learned counsel for the applicant whether this plea that applicant is entitled for additional honorarium in pursuance of the Government Orders, as mentioned above, was taken in the Writ Petition or not and whether any prayer was made by the applicant in the Writ Petition regarding payment of honorarium in pursuance of the Government Order dated 14.09.2021, it has been replied that neither any pleading nor any prayer for making payment of additional honorarium in pursuance of the aforesaid government order were pleaded/made. It has further been enquired from learned counsel for the applicant whether she was getting the additional honorarium on 20.06.2022-the date on which her honorarium was stopped, it has been replied that she was not getting the additional honorarium in pursuance of the aforesaid government order, meaning thereby, the honorarium which she was getting prior to 28.02.2022, arrears of the same has been paid, which is not disputed by the applicant. The contempt Court cannot treat the present contempt application as a Writ Petition while exercising its jurisdiction for the reason, the pleading and the prayer, which were not pleaded/prayed in Writ Petition, cannot be looked into or entertained by the Contempt Court. Further, the Contempt Court cannot determine or decide whether the applicant is entitled for the benefit of Government orders mentioned above or not. In view of the above, the judgment and order of the Writ Court has been complied with. The present contempt applicant is dismissed. Notice issued, if any, stands discharged.
September 3, 2025 Ashish CAPL No. 636 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench