HRISHIKESH TRIPATHI v. SRI AMIT KUMAR GHOSH, PRIN. SECY. DEPTT. OF MEDICAL EDU. LKO. AND ANOTHER
CAPL/3167/2025 · 2025-10-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173496 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173496 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3167 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. The present contempt application has been preferred for alleged non- compliance of the judgement and order dated 14.07.2025 passed in Writ- A No.8298 of 2023, the relevant extract of the order is quoted hereinbelow:
"17. In such circumstances, it is evident that impugned order dated 24.11.2022 having not been passed considering directions issued by Division Bench of this Court is therefore unsustainable and is hereby quashed by issuing a writ in the nature of Certiorari. The opposite party no.1 i.e., Principal Secretary, Medical Education, Lucknow in consultation with opposite party no. 3 Secretary Finance (Pay) U.P. Civil Secretariat Lucknow is directed to consider the grievance of petitioners for entitlement of enhanced pay and pay grade in light of directions issued by judgment and order dated 09.03.2022 passed in Special Appeal No. 221 of 2020. "
2. The Writ Court has directed the respondent to decide the representation and consider the grievance of the applicant in the light of judgement and
order dated 9.3.2025 passed in Special Appeal No.221 of 2020, the relevant extract of the direction passed in the special appeal is quoted hereinbelow:
"The State Government is directed to consider the entire issue afresh in the light of the observations made herein above and also taking into consideration the submissions to be made by the respondents-petitioners in a fresh representation which we permit under this order. Thus, the respondents-petitioners shall make an exhaustive representation taking all the pleas which may be available to them under law, within a period of three weeks from today and once any such representation is made, the same shall be considered by the Versus Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) :
Hrishikesh Tripathi .....Applicant(s) Sri Amit Kumar Ghosh, Prin. Secy. Deptt. Of Medical Edu. Lko. And Another .....Opposite Party(s)
State Government which shall take an appropriate decision in accordance with law, in the light of the observations made herein above and also by taking into consideration the rationale and reasoning given by the Pay Committee (2008) in its 10th report in respect of admissibility of pay grade of Rs.4600/- to the cadre of Occupational Therapists. This consideration shall be made and decision shall be taken by the State Government within eight weeks from the date a certified copy of this order along with the representation is produced before the Additional Chief Secretary/Principal Secretary in the Department of Medical Education and Training."
3. Learned Standing Counsel on the basis of instruction received from the respondent has submitted that the decision has been taken on the application of the applicant by passing order dated 24.10.2025 after considering the grievance of the applicant in the light of the Pay Committee (2008) in its 10th report alongwith other details, copy of which has been provided during course of argument which is taken on record, photocopy of the same has been provided to the applicant, who is appearing in person. 4. It is further submitted that the present contempt applicant has become infructuous and the same may be dismissed as such. 5.
On the other hand, the applicant who appears in person has submitted that the order passed by the respondent is not correct and has been passed without considering all the facts which are required to be considered while passing the said order, hence, there is willful disobedience of the judgement and order passed in the writ petition, so the respondents are liable to be punished. 6. After hearing learned counsel for the parties and going through the
order passed by the writ court and order passed in the special appeal, it is found that the judgement and order passed in the writ petition a direction was issued to consider the grievance of the petitioners including the present applicant for entitlement of enhanced pay and pay grade in light of direction issued by judgement and order dated 09.03.2022 passed in Special Appeal no.221 of 2020, which is quoted above. The order dated 24.10.2025 passed by the respondent which has been produced during course of argument and from perusal of the same shows that the detailed
order has been passed considering the Pay Committee Report 2008 and CAPL No. 3167 of 2025 2
rejected the claim of the applicant by giving reason for the same and if the applicant is still aggrieved by the reason assigned for rejecting his claim, he may avail the remedy as may be permissible under the law, but this Court cannot go into the merits of the decision taken by the respondent.
7. In view of the facts and discussion made hereinabove, the present contempt application is dismissed.
8. The notice, if any, issued against the respondent stands discharged. October 29, 2025 S. Kumar CAPL No. 3167 of 2025 3 (Manish Kumar,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench