Neutral Citation No. - 2025:AHC-LKO:6160 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1873 of 2020 Applicant :- Laxmi Narayan Dwivedi Opposite Party :- Ashok Kumar Basic Shiksha Adhikari Pratapgarh Counsel for Applicant :- Rakesh Kumar Modanwal,Akhilesh Kumar Pandey,Girish Chandra Sinha,Hemant Tripathi Counsel for Opposite Party :- Pradeep Kumar Singh Bishen,P.K. Singh Bisen,Vinay Misra Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated 28.11.2019. The relevant extract of the same is quoted hereinbelow:- "This Court is convinced that the impugned orders passed on 01.02.2005 as well as 20.05.2004 are patently illegal and arbitrary and as such are liable to be set aside. Accordingly, the orders dated 01.02.2005 and 20.05.2004 are hereby set aside. The petitioner who has attained the age of superannuation in the year 2011, as a consequence of setting aside of the impugned orders, shall be entitled to 50% of the past salary computed from the date of termination from service upto the date of retirement." 2. Learned counsel for the applicant has submitted that despite the judgment and order dated 28.11.2019, till date, neither payment of arrears of salary has been computed nor paid to the applicant as directed by the writ court. 3. On the other hand, Shri Ran Vijay Singh, learned counsel for respondent no. 2 i.e. Shri Bhupendra Singh, Basic Shiksha Adhikari, District Pratapgarh, has submitted that the judgment and order dated 28.11.2019 has been modified by judgment and order dated 25.01.2021. The relevant extract of the modified order in Special Appeal Defective No. 32 of 2021 is quoted hereinbelow:- "The order impugned dated 28.11.2019 as such is modified to the extent that the Committee of Management of the Institution concerned would be at liberty to pass a fresh resolution and take appropriate decision with regard to the dismissal from service of respondent no. 1 and in case any such resolution is passed, the relevant documents including the said resolution shall be placed before the appellant no. 2, District Basic Shiksha Adhikari, Pratapgarh who shall take a fresh decision in accordance with law, expeditiously." 4. It is further submitted that after the judgment and order passed in the Special Appeal, the Committee of Management had forwarded a resolution for termination/dismissal of the services of the applicant for the approval of the B.S.A and in pursuance thereof, the B.S.A has approved the same by its order dated 12.07.2022. The applicant has never challenged either the resolution or the fresh approval/termination order till date, so the present contempt application is not maintainable. 5. After hearing learned counsel for the parties and going through the record of the case, the position which emerges out is that the learned counsel for the applicant is placing reliance upon the judgment and order dated 28.11.2019, passed by the writ court without disclosing that the said judgment and order dated 28.11.2019 had already been modified in the special appeal, as quoted hereinabove and thereafter, on the basis of subsequent resolution, the approval was granted by the Basic Shiksha Adhikari for the termination of the services of the applicant. The applicant has not challenged either the resolution or the approval for termination given by the B.S.A or the termination order till date. 6. In view of the facts and circumstances discussed hereinabove, no contempt is made out. 7. Accordingly, the present contempt application is dismissed. 8. Notice, if any, stands discharged. Order Date :- 29.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench