SUSHIL KUMAR PANDEY v. SARVADANAND, DISTRICT INSPECTOR OF SCHOOLS, PRATAPGARH AND ANOTHER
CAPL/1997/2022 · 2025-10-31
Manish Kumar
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 179840 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179840 (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. - 1997 of 2022 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the interim order dated 12.05.2022 passed in Writ A No. 2719 of 2022, which is quoted hereinbelow:-
"Heard. Issue notice to opposite party nos. 4 and 5. Salary which has been ordered to be paid by the D.I.O.S. may be released. It is made clear that entitlement of the petitioner to salary for the period being demanded in this writ petition shall be considered after exchange of affidavits." Learned counsel for the applicant has submitted that as per the order of the DIOS, the applicant is entitled for the salary from the date of his joining i.e. 01.01.2021 but he has been paid salary w.e.f. 10.12.2021 and he has not been paid salary from 01.01.2021 to 09.12.2021. On the other hand, learned Standing Counsel and learned counsel for the respondent no. 2 have submitted that the interim order has been complied with. The applicant has been paid salary w.e.f. 10.12.2021 and he is getting salary regularly every month. As far as any arrears or dues are concerned, it will be subject to the final decision in the writ petition. After hearing learned counsel for the parties and going through the record of the case, it is found that the DIOS has nowhere directed for payment of salary to the applicant w.e.f. 01.01.02021. He has directed to pay the salary and permit him to sign the original register by its order dated 31.12.2021 and the applicant is getting salary since 10.12.2021 and it is not disputed that he is getting the regular monthly salary regularly every month. As far as any dispute regarding the arrears, as per the interim order, 'it is made clear that entitlement of the petitioner to salary for the period being demanded in this writ petition shall be considered after exchange of affidavits.' In view of the aforesaid, the interim order passed in the writ petition has been Versus Counsel for Applicant(s) : Rajendra Pratap Singh, Surendra Pratap Singh Counsel for Opposite Party(s) : Nagendra Bahadur Singh, Nagendra Bahadur Singh Sushil Kumar Pandey .....Applicant(s) Sarvadanand, District Inspector Of Schools, Pratapgarh And Another .....Opposite Party(s)
complied with. Accordingly, the present contempt application has become infructuous and the same is dismissed as infructuous.
Notice if any, stands discharged. October 31, 2025 Nitesh CAPL No. 1997 of 2022 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench