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2025 DAILYLAW 127966 (ALL)

CHHAYA PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECONDARY EDUCATION LKO. AND 3 OTHERS

WRIA/2772/2025 · 2025-03-11

Abdul Moin

Contempt Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14650 Court No. - 5 Case :- WRIT - A No. - 2772 of 2025 Petitioner :- Chhaya Pandey And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 3 Others Counsel for Petitioner :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. Under challenge is the order dated 11.11.2024, a copy of which is Annexure-1 to the petition. 3. Said order has been made subject to the decision of Special Appeal (Defective) No.518 of 2024. 4. Contention of the learned counsel appearing for the petitioner is that initially respondent No.4 has approached this Court by filing Writ A No.2527 of 2024 In Re Angad Kumar Tiwari vs State of U.P. & 2 Ors. The Writ court vide judgment and order dated 28.03.2024, a copy of which is Annexure-5 to the petition, disposed of the petition leaving it open to the petitioner therein to file a fresh representation before respondent No.4 and the Director, Secondary Education U.P., Lucknow was required to decide the same in accordance with law. 5. The case of Shri Angad Kumar Tiwari pertained to claim for payment of salary for the period between July, 2022 till March, 2023 in terms of the Government Order dated 09.11.2023 and also payment of interest on the delayed payment. 6. Aforesaid judgment of the writ court dated 28.03.2025 as corrected on 24.04.2024 has been challenged by the petitioners by filing Special Appeal (Defective) No.518 of 2024, which is said to be pending and no interim order has been granted by the Division Bench of this Court. 7. Subsequent thereto impugned order dated 11.11.2024 has been passed by the District Inspectors of School, Ambedkar Nagar. 8. Raising a challenge to the said order, the instant petition has been filed. 9. Learned Standing Counsel points out that subsequent to the order of the writ court, a contempt petition has also been filed by the respondent No.4 herein namely Contempt Application (Civil) No.4001 of 2024 in which the official respondents had appeared and prayed time for filing of compliance order and subsequent thereto impugned order has been passed. 10. Various grounds have been urged by the learned counsel appearing for the petitioner contending that the competent authority has failed to appreciate that respondent No.4 did not go during the period for which he is claiming arrears to pay. 11. Aforesaid arguments appear to be fallacious from the fact that the petitioners themselves have challenged the order of the writ court dated 28.03.2024 as corrected on 24.04.2024 in a Special Appeal and the order impugned has also been made subject to the decision of the special appeal. 12. Once the petitioners have also challenged the order passed by writ court consequently raising a challenge to the consequential order which has been passed in compliance of the order passed by the writ court cannot in the view of the court be challenged by means of the writ petition. 13. Considering the aforesaid no case for interference is made out. The writ petition stands dismissed. Order Date :- 11.3.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench