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Neutral Citation No. - 2025:AHC:20389 Court No. - 2 Case :- CONTEMPT APPLICATION (CIVIL) No. - 607 of 2025 Applicant :- Ashika Prasad Shukla Opposite Party :- Deepak Kumar, Secretary Madhyamik Shiksha, U.P. Shashan Counsel for Applicant :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 21.2.2024 passed in Special Appeal No. 1131 of 2018 filed by the applicant, the writ Court directed as under:
"14. Consequently, this appeal succeeds and is allowed. Judgment and order dated 31.10.2018, passed by learned Single Judge in Writ-A No.5050 of 2001, is hereby set aside. Respondents shall treat the appointment of appellant- petitioner to be validly made in terms of Clause 2(3)(ii)&(iii) of the Second
Order of 1981 upon expiry of seven days period from the date when particulars of selected candidates alongwith quality point marks were sent to the Inspector i.e. 12.08.1992, treating it to be a case of deemed approval. The respondents shall also accord consideration to the appellant's case for regularization in accordance with the applicable provisions of the Act of 1982, within a period of two months from the date of presentation of a certified copy of this order. Since the appellant-petitioner has superannuated on 31.03.2020, his claim for superannuation benefits as per his entitlement shall be dealt with, in accordance with law, within a further period of six weeks, thereafter. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 6.5.2024 along with representation, but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within one month from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self- addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 13.2.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad