Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 157684 (ALL)

MAHENDRA PRASAD SINGH v. SANTOSH SINHA, UNIT HEAD (M), ITI LTD., MANKAPUR GONDA AND ANOTHER

CAPL/2569/2025 · 2025-08-14

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:47897 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2569 of 2025 Applicant :- Mahendra Prasad Singh Opposite Party :- Santosh Sinha, Unit Head (M), Iti Ltd., Mankapur Gonda And Another Counsel for Applicant :- Deo Prakash Srivastava Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for alleged noon-compliance of judgment and order dated 18.10.2024, passed in Writ A No. 9480 of 2024. The relevant extract of the said judgment is quoted hereinbelow:- "Considering the aforesaid aspects, the opposite parties are directed to take a final decision with regard to payment of aforesaid benefits in the light of judgment rendered by this Court in the case of Ashok Kumar Shukla (supra), in case same is applicable. Final decision shall be taken within a period of six weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter." 2. Learned counsel for the applicant has submitted that the applicant has been communicated an undated order rejecting the claim of the applicant by mentioning therein that the decision in the case of Ashok Kumar Shukla versus Union of India, passed in Writ A No. 2075 of 2023, is not applicable in the case of the applicant, the copy of which has been annexed as Annexure No. 3 to the paper book. 3. He further submitted that the rejection order is bad in the eyes of law. The judgment passed in the case of Ashok Kumar Shukla (supra) is applicable in the case of the applicant and the representation of the applicant has wrongly been rejected. 4. After hearing learned counsel for the applicant and going through the records of the case, this court by its judgment and order dated 18.10.2024 had directed the authorities to consider and decide the representation of the applicant in the light of the decision rendered in the case of Ashok Kumar Shukla (supra), in case the same is applicable. There was no direction to decide the case or give benefit of the judgment rendered in the case of Ashok Kumar Shukla (supra), the discretion was left to the authorities, in case, the benefit of the said judgment might be given to the applicant also. According to the respondent, the case of Ashok Kumar Shukla (supra) is not applicable in the case of the applicant. Whether the judgment in the case of Ashok Kumar Shukla (supra) is applicable in the case or not, requires hearing the matter on merits, which is not within the domain/jurisdiction of the contempt court, hence, the contempt application is not maintainable, hence dismissed, since the representation of the applicant has been decided by the authority concerned, in compliance of the order of the High Court. Order Date :- 14.8.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench