RAJENDRA PRAJAPATI v. SRI DEVENDRA KUMAR GUPTA DISTT. INSPECTOR OF SCHOOLS DISTT. BALLIA AND ANOTHER
CAPL/1019/2025 · 2025-12-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179043 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179043 (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. - 1019 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Present contempt application has been preferred against the alleged non compliance of the judgment and order dated 22.01.2025 passed in Writ A No.9242 of 2024. Relevant para of the aforesaid order is quoted below :-
"A writ of mandamus is issued to the respondents to pay regular salary to the petitioner on monthly basis. However, it would be open to the respondents to pass a fresh order in accordance with law under relevant rules." Respondent no.1 has filed compliance affidavit which is taken on record. Learned counsel for respondent no.1 has submitted that detailed order dated 08.02.2025 has been passed rejecting the claim of the applicant and the copy of which has been enclosed as Annexure – 1 to the compliance affidavit. On the other hand learned counsel for the applicant has submitted that there was a direction to the respondents to pay regular salary to the applicant on monthly basis but the same has not been paid till date and prior to passing of the order dated 08.02.2025 no opportunity of hearing was given to the applicant. After hearing learned counsel for the parties and going through the record of the case it is found that there was a direction for payment of regular salary to the applicant on monthly basis. The direction was issued by the Court vide order dated 22.01.2025 and within 19 days the said order, an order dated 08.02.2025 has been passed rejecting the claim of the applicant, so, no occasion had arisen for making any payment as the claim has already been rejected. As far as submission of the learned counsel for the applicant that no opportunity of hearing was given to the applicant prior to passing of the order dated 08.02.2025, it is found that there is no direction to the authorities to provide an opportunity of hearing to the applicant. The liberty was given to the respondents to pass a fresh order in accordance with law so, detailed order has been passed and the same could not be interfered with in the present Versus Counsel for Applicant(s) : Girish Chandra Verma, Anoop Verma Counsel for Opposite Party(s) : Aditya Kumar Pandey, Avinash Singh, Gurjeet Singh Rajendra Prajapati .....Applicant(s) Sri Devendra Kumar Gupta Distt. Inspector Of Schools Distt.
Ballia And Another .....Opposite Party(s)
proceedings. As the judgment and order passed by Writ Court has been complied with and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous. As such, the present contempt application is dismissed as infructuous. Notice, if any, is hereby discharged. December 3, 2025 mks CAPL No. 1019 of 2025 2 (Manish Kumar,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench