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2025 DAILYLAW 165633 (ALL)

VINAY KUMAR MISHRA v. DR. PRADEEP KUMAR JOINT DIR. EDUCATION INCHARGE LKO. MANDAL SHIKSHA BHAWAN LKO. AND ANOTHER

CAPL/3079/2025 · 2025-09-25

Jaspreet Singh

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3079 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. By means of the instant petition, the petitioner alleges willful disobedience of the order passed by the writ court dated 03.01.2023 in Writ-A No. 27207 of 2021 (Committee of Management Sheo Prasad Pandey Adarsh Sanskrit Mahavidyalaya, Colluctorganj, District Unnao V. State of U.P. and others). The record indicates that the writ court on 03.01.2023 had passed an order directing the DIOS, Unnao to ensure payment of salary to the respondent no. 5 without coercing the petitioner to ensure joining of the respondent in accordance with law. It is the case of the petitioner that he had earlier filed Contempt Petition (Civil) No. 3335 of 2023 which came to be disposed of by a coordinate Bench of this Court dated 19.12.2024. The relevant portion of the said order reads as under:- "After hearing learned counsel for the parties and going through the record of the case, the Court is satisfied that the interim order passed by the writ court has been complied with and if there is any dispute regarding the amount of payment, the applicant is at liberty to raise the same before the writ court as the writ petition is still pending. Versus Counsel for Applicant(s) : Km. Madhurima Bhargava, Deepshikha Sharma Counsel for Opposite Party(s) : Vinay Kumar Mishra .....Applicant(s) Dr. Pradeep Kumar Joint Dir. Education Incharge Lko. Mandal Shiksha Bhawan Lko. And Another .....Opposite Party(s) In view of above, the present contempt application is dismissed as infructuous with liberty, as aforesaid. Notices, if any, stand discharged." It is the case of the petitioner that once again since May, 2025, the salary has not been paid. A query was put to the learned counsel for the petitioner as to indicate whether the issue which has now cropped up has been brought to the notice of the writ court since in the order dated 19.12.2024, the liberty was granted to the petitioner to raise the issue in the writ petition. Admittedly, no such information or application has been placed on record of the present petition. Accordingly, at this stage, this Court is not inclined to entertain the present petition, consequently, the present petition is dismissed, however, leaving it open for the petitioner to exercise the liberty already granted before the writ court, however, in case if still there is any non-compliance which appears to be deliberate, it will be open for the petitioner to approach the Court. September 25, 2025 Asheesh CAPL No. 3079 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench