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2025 DAILYLAW 129144 (ALL)

PRABHAT YADAV 16 OTHERS v. ATUL KUMAR TIWARI, DISTT. BASIC EDUCATION OFFICER DISTT. - GONDA

CAPL/759/2025 · 2025-09-24

Jaspreet Singh

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 759 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner as well as Sri Udai Vir, learned counsel for the State-respondents who has filed an affidavit of compliance and the same is taken on record. 2. It has been informed that the writ court by means of order dated 11.12.2024 passed in Writ-A No. 11916 of 2018 (Prabhat Yadav and Others Vs. State of U.P. and others) found that the controversy involved in the writ petition had already been decided by the Court in leading Petition bearing Writ-A No. 3863 of 2018 (Smt. Raj Kishori Kushwaha and 5 Others Vs. State of U.P. and Others) and therefore similar benefits were also granted to the petitioners of the instant case. 3. It has also been informed that the order passed by the writ court as well the order passed in the leading petitions were assailed in a bunch of Special Appeals leading Case Special Appeal No. 652 of 2024 wherein a Division Bench of this Court on 30th April, 2025 had passed a detailed order granting liberty to the District Basic Education Officer to examine in detail the factual issues as to whether the petitioners of the writ petition had the necessary experience of 5 years and had actually continued as Headmaster of the Institution and certain other directions were issued which had to be complied with. 4. It has also been pointed out that the said order passed by the Division Versus Counsel for Applicant(s) : Ram Krishna Pratap Singh Counsel for Opposite Party(s) : Udai Vir Prabhat Yadav 16 Others .....Applicant(s) Atul Kumar Tiwari, Distt. Basic Education Officer Distt. - Gonda .....Opposite Party(s) Bench was assailed in a Special Leave Petition bearing No. 22472 of 2025 which came to be dismissed on 13.08.2025. 5. It is further urged that once the orders had attained finality, the respondent has passed the order dated 22nd September, 2025 taking note of the length of the service when the petitioners had been working as Headmaster and in so far as the present petitioners are concerned, their case has been found to be verified and necessary orders have also been forwarded to the Finance Officer for compliance regarding payment of salary for the said period. 6. Considering the aforesaid, this Court is of the view that substantial compliance of the order passed by the writ court has been done, accordingly, no further adjudication is required at this stage, accordingly, the present petition is dismissed. Notices, if any stand discharged, however, if the respondents do not make the payment in compliance of the order dated 22nd September, 2025 say within a period of 8 weeks from today, it will be open for the petitioners to move an appropriate application for contempt in this petition itself for further action. September 24, 2025 Asheesh CAPL No. 759 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench