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2025 DAILYLAW 191696 (ALL)

FARINDAR SINGH KUSHWAHA v. AVINASH KUMAR, DISTRICT MAGISTRATE

CAPL/5777/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5777 of 2025 Court No. - 37 HON'BLE DINESH PATHAK, J. 1. Learned counsel for the applicant submits that although the authority concerned has decided the representation dated 05.04.2025, in compliance with the order dated 07.03.2025 passed by this Court in Writ-A No.2925 of 2025 (Farindar Singh Kushwaha vs. State of U.P. And 3 Others), they have not paid the dues of the present applicant. For ready reference order dated 07.03.2025 is quoted herein below :- "The petitioner claims that he is entitled to the benefit of 7th Pay Commission from July 2018 to June 2023. He has made various representations in this regard but to no avail. Learned Standing Counsel for the respondents submits that the matter requires determination of facts by the competent authority as per law in the first instance. However, he fairly contends that the claim to service benefits are liable to be decided by the competent authority in a reasonable time frame. In light of the aforesaid submissions and without going into the merits of the case, the respondent No.3-District Magistrate, Ghazipur shall decide the representation of the petitioner regarding grant of 7th Pay Commission from July 2018 to June 2023 as per law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. With the aforesaid direction, the writ petition is finally disposed of." 2. This Court, vide order dated 07.03.2025, has issued a direction to decide the representation of the petitioner (applicant herein) regarding grant of 7th Pay Commission from July, 2011 to June 2023 as per law. In compliance of the said order, the authority concerned has decided the Versus Counsel for Applicant(s) : Umesh Singh Counsel for Opposite Party(s) : Farindar Singh Kushwaha .....Applicant(s) Avinash Kumar, District Magistrate .....Opposite Party(s) representation, vide order dated 09.07.2025 (Annexure-10). In my opinion, now no cause of action survives to maintain the instant contempt application. Present applicant can resort to an appropriate remedy for recovery of dues in compliance of the order dated 09.07.2025 passed by the authority competent. 3. As such, instant contempt application is dismissed. October 13, 2025 VR CAPL No. 5777 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad