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2025 DAILYLAW 195615 (ALL)

SATYENDRA KUMAR AND 83 OTHERS v. ASHISH KUMAR SINGH DISTRICT BASIC EDUCATION OFFICER BAHRAICH

CAPL/2058/2025 · 2025-12-17

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2058 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 19.09.2024 passed in Writ A No. 8054 of 2024, whereby the District Basic Education Officer, Barabanki was directed to take a final decision on the representation of the applicants in the light of the judgment rendered in the case of Tripurari Dubey & Anr. vs. State of U.P. and Ors. passed in Writ A No. 18228 of 2022. Learned counsel for the respondent has submitted that a compliance affidavit has been filed on 11.08.2025 enclosing therein the copy of the order dated 01.08.2025 i.e. the decision taken on the application/representation of the applicants after considering the case of the applicants in the light of judgment rendered in the case of Tripurari Dubey & Anr. (supra), hence the judgment and order passed by the writ Court has been complied with and for all practical purposes, the present contempt application has become infructuous and the same may be dismissed as infructuous. On the other hand, learned counsel for the applicant has submitted that against the said compliance affidavit, objections have been filed and has submitted that by assigning certain duties, they could be treated as are acting as an officiating Headmaster of the institution but he is unable to show any order passed by the competent authority in favour of the applicant giving them the charge of officiating Headmaster. After hearing learned counsel for the parties and going through the record of the case, in compliance of the judgment and order dated 19.09.2024, the claim of the applicant has been decided by passing an order dated 01.08.2025 after considering the judgment rendered in the case of Tripurari Dubey & Anr. (supra). Learned counsel for the applicants is arguing about the merit of the order passed which cannot be seen in the present proceedings for the reason that Versus Counsel for Applicant(s) : Durga Prasad Shukla Counsel for Opposite Party(s) : Kumar Ayush Satyendra Kumar And 83 Others .....Applicant(s) Ashish Kumar Singh District Basic Education Officer Bahraich .....Opposite Party(s) the direction is only to consider the representation of the applicant in the light of judgment rendered in the case of Tripurari Dubey & Anr. (supra). There is no such positive direction that the applicants are entitled for the benefit of the judgment rendered in the case of Tripurari Dubey & Anr. (supra), so the decision has been taken by the respondent in the light of the said judgment. Hence, the judgment and order passed by the writ Court has been complied with. In view of above, the present contempt application has become infructuous and is dismissed as such. Notice if any stands discharged. December 17, 2025 Nitesh CAPL No. 2058 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench