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2025 DAILYLAW 172845 (ALL)

KAUSHAL KISHOR RAWAT v. SMT. VEENA KUMARI PRIN. SECY. DEPTT. OF SUGAR INDUSTRY AND CANE DEVELOPMENT LKO.

CAPL/1742/2025 · 2025-11-07

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1742 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 18.12.2024. The relevant extract of the same is quoted hereinbelow:- "7. Accordingly, present writ petition is disposed of with direction to respondent no. 2 - Principal Secretary, Department of Sugar Industry and Cane Development, Government of U.P. Lucknow to consider and decide representation of petitioner dated 03.05.2024 (annexed as Annexure - 2 to the writ petition), expeditiously, say within six weeks from the date of production of certified copy of this order, in accordance with law and communicate the decision to the petitioner." Learned Standing Counsel has submitted that a compliance affidavit has already been filed on 10.07.2025/ 21.08.2025 by the respondent enclosing therein the decision dated 30.06.2025, which has been taken on the representation of the applicant, against which no objection has been filed till date. On the other hand, learned counsel for the applicant has submitted that the decision taken by the respondent is unsettled as by deciding the representation, neither promotion of the applicant has been granted nor rejected as per the judgment and order passed in the writ petition, hence there is wilful non compliance of the judgment and order passed by the writ Court. After hearing learned counsel for the parties and going through the record of the case, it is found that by order dated 18.12.2024 passed in the writ petition, the writ petition was disposed of with a direction to the respondent to take a decision on the representation of the applicant, without there being any direction to consider and thereafter either grant or reject the promotion of the applicant. The post on which the promotion is to be made comes within the purview of U.P. Public Service Commission and the requisition has already been forwarded by the respondent to the U.P. Public Service Commission on 18.06.2025 and accordingly decided the representation. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is dismissed. Versus Counsel for Applicant(s) : Surya Mani Singh, Arun Pratap Verma Counsel for Opposite Party(s) : Kaushal Kishor Rawat .....Applicant(s) Smt. Veena Kumari Prin. Secy. Deptt. Of Sugar Industry And Cane Development Lko. .....Opposite Party(s) Notice if any stands discharged. November 7, 2025 Nitesh CAPL No. 1742 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench