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2025 DAILYLAW 177696 (ALL)

SURENDRA KUMAR RAJBANSHI v. SHRI AKHILESH PRATAP SINGH DISTT. BASIC EDUCATION OFFICER SITAPUR AND 3 OTHERS

/3018/2025 · 2025-11-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3018 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Respondent no. 1 has filed compliance affidavit which is taken on record. Learned counsel for the applicant has submitted that the judgment and order passed by the writ Court has not been complied with and the respondent is willfully and intentionally disobeying the judgment and order passed in the writ petition. It is further submitted that the order has been passed without affording any opportunity of hearing to the applicant as directed by the writ Court. On the other hand, learned counsel for the respondent has submitted that a detailed order has been passed giving reasons for rejecting the claim of the applicant for payment of salary w.e.f. 16.10.2003 to 01.08.2006. It is further submitted that the writ Court while passing an order for providing opportunity of hearing to the applicant is with a condition that if it is so required and the payment has been made as per the interim order dated 18.09.2006 passed in another Writ Petition No. 280 (SS) of 2004 filed by the applicant whereby the Court has directed to pay the regular monthly salary to the applicant/petitioner w.e.f. 01.09.2006 and in compliance thereof, the applicant is getting salary since then. After hearing learned counsel for the parties, going through the record of the case and the interim order dated 18.09.2006 passed in the above mentioned writ petition filed by the applicant (which is taken on record), it is found that the judgment and order passed by the writ Court has been complied with as a speaking order has been passed assigning the reasons and reasons for not providing the opportunity is given by the learned counsel for the respondents that there is an interim order dated 18.09.2006 passed by this Court directing payment of salary to the applicant w.e.f. 01.09.2006. Versus Counsel for Applicant(s) : Varun Pandey, Vandana Shukla Counsel for Opposite Party(s) : Rishabh Tripathi Surendra Kumar Rajbanshi .....Applicant(s) Shri Akhilesh Pratap Singh Distt. Basic Education Officer Sitapur And 3 Others .....Opposite Party(s) In view of the facts, circumstances and discussion made hereinabove, the judgment and order passed in the writ petition has been complied with as such the present contempt application has become infructuous and is dismissed as such. However, it is always open for the applicant to avail the remedy as may be permissible under the law, if he is still aggrieved. Notice, if any, stands discharged. November 26, 2025 Nitesh CAPL No. 3018 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench