MANORAMA DWIVEDI and ORS. v. PRAMOD KUMAR DIRECTOR OF EDUCATIONSECONDARYPRAYAGRAJ and ORS
CAPL/2449/2019 · 2025-12-11
Manish Kumar
body2025
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[ 2025 DAILYLAW 181403 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 181403 (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. - 2449 of 2019 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. The present contempt application has been preferred against the alleged non-compliance of the judgment and order dated 18.04.2019, passed in Service Single No. 10933 of 2019. The relevant portion of the said judgment is quoted hereinbelow:-
" Taking into consideration the innocuous prayer of learned counsel for the petitioner, the present writ petition is disposed of finally with the direction to the District Inspector of School, Faizabad (opposite party no. 5) to examine the claim of the petitioner and if it is found that the same is covered by the judgment and
order dated 05.05.2009, passed in writ petition no. 8253 (S/S) of 2007, Shiva Kant Mishra & others v. State of U.P. and others, the benefit of the said judgment will also be extended by the authorities concerned to the petitioner within two months from the date of receipt of a certified copy of this order. "
2. Learned State Counsel, on the basis of instructions received, has submitted that the judgment and order dated 18.04.2019, passed in Service Single No. 10933 of 2019 has been complied with and an order has been passed by the DIOS on 04.12.2025, the copy of the said judgement has been provided during the course of argument, which is taken on record and the photocopy of the same has been provided to learned counsel for the applicant.
3. On the other hand, learned counsel for the applicant has submitted that, at the time of filing of the contempt application, an order dated 30.07.2019, passed by the then DIOS, has been enclosed as Annexure No. 13 to the paper book. The contempt has been filed as the Director is not taking any action in pursuance of the recommendation/letter dated 30.07.2019, forwarded by the DIOS and today again, the learned State Counsel has provided the copy of the order passed by the DIOS and till date, the Director has not taken any decision on the letter dated 30.07.2019 sent by the DIOS, hence, the contempt is made out against the opposite parties.
4. In reply, learned State Counsel has drawn attention of this court to the Versus Counsel for Applicant(s) : Alok Kumar Tripathi Counsel for Opposite Party(s) :
Manorama Dwivedi And Ors. .....Applicant(s) Pramod Kumar Director Of Educationsecondaryprayagraj And Ors .....Opposite Party(s)
supplementary affidavit filed by the then DIOS i.e Shri Rajendra Kumar Pandey, enclosing therein the copy of the decision taken by the Director on 16.01.2020, in pursuance of the letter dated 30.07.2019, forwarded by the DIOS as SCA-1 and the order which has been provided today, passed by the DIOS, is the consequential order and the same has been mentioned in the
order itself.
5. After hearing learned counsel for the parties and going through the record of the case and perusal of the order passed, it is found that the Director has passed the order on 16.01.2020 in the light of the judgment in the case of Shivakant Mishra and others, hence, the judgment and order passed by the writ court has been complied with.
6. In view of the facts, circumstances and discussion made hereinabove, the
judgment and order dated 18.04.2019, passed by the writ court in Service Single No. 10933 of 2019 has been complied with and the present contempt application has rendered infructuous and the same is dismissed as infructuous.
7. Notice, if any, stands discharged. December 11, 2025 DiVYa CAPL No. 2449 of 2019 2 (Manish Kumar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench