HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 267 of 2017 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. The present contempt application has been preferred for alleged non- compliance of order dated 25.11.2016, the relevant extract is quoted hereinbelow:- "Be that as it may, it is for the concerning competent authority to take appropriate decision as to whether the benefit of recommendations of 7th Pay Commission is to be granted to the members of petitioners' association or not. From perusal of the letter dated 30.8.2016, it appears that some correspondence is going on between the authorities and the State Government has asked for certain information from the Director, Samaj Kalyan/opposite party no. 2. It would be appropriate that the required information is sent as desired by the letter dated 30.8.2016 and the appropriate competent authority may take decision in this regard in accordance with law." 2. Learned counsel for the State/respondent has submitted that a compliance affidavit has been filed on 29.05.2024 by respondent no.2 in which a specific averment has been made that the benefit of 6th & 7th Pay Commission has been paid to the teachers of all the institutions and particularly in para-14, it has been mentioned alongwith the year also and with a specific pleadings that there is no remaining liability of any Assistant Teacher working in the said school due to determination of 6th & 7th Pay Commission. 3. On the other hand, learned counsel for applicants has submitted that the Versus Counsel for Applicant(s) : Nirankar Nath Jaiswal, Vimal Kumar Counsel for Opposite Party(s) : U.P.Ashaskiya Sahayata Parat Vidyalaya Shikshak Asso.And Anr. .....Applicant(s) Sri Manoj Singh Prin.Secy. Social Welfare U.P. Govt.Lko. .....Opposite Party(s) direction by the Writ Court to the Director was to send the required information as desired by letter dated 30.08.2016 sent by the State Government and the same has never ever been forwarded. Hence, the judgment and order passed by the Writ Court has not been complied with. 4. After hearing the learned counsel for parties going through the record of the case, it is found that the writ petition was preferred for grant of benefit of the recommendations of 7th Pay Commission, which was not made admissible to the members of the applicants' association due to the non-furnishing of the information by the Director to the State Government. 5. The Court has passed an order with a direction to the Director to provide the same to the State Government who may take an appropriate decision in this regard. 6. In the compliance affidavit, there is specific averment/pleading regarding the payment of salary as per 6th & 7th Pay Commission, which has not been denied or disputed by the applicants while filing the objection against the compliance affidavit rather they have come with a case that the payment of revised pay scale is without authority of Finance Department and can be revoked at any time causing loss to the members, meaning hereby, it is admitted to the applicants' association that the payment is being made but there is an apprehension of withdrawal of the same. Once it is admitted that the salary is being paid as per the 6th & 7th Pay Commission then whether the proposal was forwarded or not is not at all relevant in the present case. 7. In view of the discussion made hereinabove, the judgment and order passed by the Writ Court has been complied as the members of the applicants' association are getting the benefit of the pay scale as per the 6 th & 7th Pay Commission, so the contempt application is hereby dismissed. 8. Notice issued earlier, if any, stands discharged. October 16, 2025 Satish CAPL No. 267 of 2017 2 (Manish Kumar,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench