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2025 DAILYLAW 129402 (ALL)

VINAY KUMAR AND 9 OTHERS v. SANTOSH KUMAR DEV PANDEY DISTRICT BASIC EDU. OFFICER BARABANKI

CAPL/784/2025 · 2025-10-07

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 784 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. Shri Anuj Kudesia, learned Additional Advocate General assisted by Dr. Uday Veer Singh, learned counsel has filed compliance affidavit on behalf of respondent, which is taken on record. 2. Learned counsels for respondent has submitted that judgment and order passed by the Writ Court has been complied with and the present contempt application is liable to be dismissed. 3. On the other hand, learned counsel for applicants has submitted that there might be some discrepancy regarding the determination of the amount paid to the seven applicants out of nine and also that whether in future the regular monthly salary would be given or not. 4. In reply, learned counsels for respondent has submitted that the direction was to take decision on the representation of the applicants in the light of the judgment in the case of Tripurari Dubey and another versus State of U.P. and others, Writ-A No. 18228 of 2022. Not only the decision has been taken on the representation of the applicants but the payment for which they are entitled have already been paid alongwith arrears and the salary fixed will be paid to them regularly every month till date they officiate on the post of Headmaster of Junior/Composite School. 5. It is further submitted by the learned counsels for respondent that the two applicants they were not paid the salary of the post of Headmaster of Versus Counsel for Applicant(s) : Durga Prasad Shukla Counsel for Opposite Party(s) : Uday Veer Singh Vinay Kumar And 9 Others .....Applicant(s) Santosh Kumar Dev Pandey District Basic Edu. Officer Barabanki .....Opposite Party(s) Junior/Composite School as they are already getting higher pay scale then the pay scale of the Headmaster of Junior/Composite School. 6. After hearing learned counsel for parties and going through the records of the case, the direction of the writ court was only to decide the representation of the applicants in the light of the judgment passed in the case of Tripurari Dubey and another (supra), the respondent has not only decided the representation but also paid the arrears of salary to the applicants except the two for which the reason which has been mentioned in the affidavit filed today is found to be satisfactory for the post of Headmaster of Junior/Composite School and as submitted by learned counsels for respondent that the applicants will get the salary of the post of Headmaster of Junior/Composite School till they officiate on the said post. 7. Hence, the judgment and order passed by the writ court has been complied with. 8. The present contempt application is rendered infructuous and hence dismissed as such. 9. Notice issued earlier, if any, stand discharged. October 7, 2025 Satish CAPL No. 784 of 2025 2 (Manish Kumar,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench