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2025 DAILYLAW 170527 (ALL)

MR. DINESH KUMAR SINGH v. SANJAY PRASAD, PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

CAPL/4832/2024 · 2025-07-03

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37569 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4832 of 2024 Applicant :- Mr. Dinesh Kumar Singh Opposite Party :- Sanjay Prasad, Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Anuradha Singh,Devanshi Srivastava Hon'ble Rajeev Singh,J. 1. Heard Ms. Devanshi Srivastava, learned counsel for the applicant and Shri Mohit Jauhari, learned Standing Counsel. 2. In pursuance of the earlier order dated 26.05.2025, affidavit of compliance is filed by learned Standing Counsel duly sworn by Ms. Pooja yadav, Commandant, 45th Battalion, PAC, Aligarh, which is taken on record. 3. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 26.02.2024 passed on Writ-A No. 1133 of 2012. 4. Learned counsel for the applicant submits that the order of writ Court has not been complied with in letter and spirit, as full salary for the period of 08.05.2009 to 17.09.2010 is not paid to the applicant, which was given to the similarly situated persons. It is, thus, submitted that the respondent may be summoned and punished. 5. Learned Standing Counsel, while referring to the affidavit of compliance, submits that there was a direction by the writ Court to decide the representation of the applicant, which has been decided by the respondent and the same is also communicated to the applicant. It is further submitted that salary for the period of 08.05.2009 to 17.09.2010 has also been paid to the applicant. It is, thus, submitted that no contempt is made out. 6. Considering the submissions advanced by the learned counsel for the applicant, learned Standing Counsel and going through the order of writ Court and the contents of the affidavit of compliance, it is evident that the respondent-Officer stated that the salary has already been paid to the applicant for the period of 08.05.2009 to 17.09.2010. Admittedly, the dispute relating to the amount and other issues cannot be adjudicated in the contempt proceedings. 7. In view of above, this Court is of the view that no contempt is made out. The application, accordingly, stands dismissed. 8. However, it is always open to the applicant to avail appropriate remedy against the decision taken by the respondent, if he is so aggrieved. Order Date :- 3.7.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench