OM SHANKAR YADAV v. SHRI ATUL TIWARI DISTT. BASIC EDUCATION OFFICER GONDA AND ANOTHER
CAPL/1258/2025 · 2025-04-29
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136695 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136695 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24482 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1258 of 2025 Applicant :- Om Shankar Yadav Opposite Party :- Shri Atul Tiwari Distt. Basic Education Officer Gonda And Another Counsel for Applicant :- Utkarsh Misra,Abhishek Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant.
2. The present application has been filed with the prayer to summon and punish the opposite parties for willful and deliberate defiance of order dated 29.03.2024 passed by the Writ Court in Writ A No.1992/2024; Om Shankar Yadav Vs. State of UP and Ors.
3. Learned counsel for the applicant submits that applicant was working as a headmaster in Composite School, Kapurpur and he was transferred to Higher Primary School, Naubara-II, Vikas Khand Jhanjhari, Gonda vide order dated 08.09.2023. The said
order was challenged before this Court in Writ A No.1992/2024, in which, the interim order was passed on 29.03.2024, by which, the operation of order dated 08.09.2023 was stayed. Thereafter, in compliance of direction of this Court, order was passed by District Basic Education Officer, Gonda allowing the applicant to resume his duty in Composite School, Kapurpur but the opposite party no.2 is not giving the charge of headmaster to the applicant. Therefore, opposite parties may be summoned and punished accordingly.
4. Considering the submission of counsel for the applicant, contents of application, order of Writ Court as well as other relevant documents, it is evident that the transfer order of applicant was stayed by the Writ Court and thereafter, District Basic Education Officer, Gonda has passed the order allowing the applicant to resume his duty in Composite School, Kapurpur. Therefore, no contempt is made out against the opposite parties.
5. Accordingly, the present contempt application is hereby dismissed.
6. However, it is open to the applicant to move appropriate application before the District Basic Education Officer, Gonda
for redressal of his grievance.
Order Date :- 29.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench