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2025 DAILYLAW 202820 (ALL)

PRIYANKA BALMIKI v. VINOD RAI DISTT. PROBATION OFFICER DISTT. BAHRAICH

CAPL/3432/2025 · 2025-10-28

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3432 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard learned counsel for the applicant. Present contempt application has been preferred for alleged non compliance of the judgment and order dated 23.09.2024 passed by the Writ Court in Writ A No. 5250 of 2024. The relevant excerpts of the said judgment and order is being reproduced hereinbelow:- "11. In view of letter dated 17.10.2023 as well as the fact that as yet no new recruitment have been made by the opposite parties for smooth operation of the schemes, it is directed that till decision is taken by the State Government, petitioners will be continued on their respective posts either under the old or the new Schemes whichever may be in force. 12. The State Government shall also take a decision with regard to payment of honorarium to petitioners for work rendered by them. Decision shall be taken in terms of directions and guidelines issued by the Central Government on the aforesaid aspect." Learned counsel for the applicant has submitted that he is confining his argument to the extent that the direction issued by the Writ Court in para no. 11 of its judgment and order dated 23.09.2024 is not being complied with. The Writ Court has directed the respondent to take work from the applicant and explicitly observed therein that "petitioners will be continue on their respective posts either under the old or the new schemes whichever may be in force" but despite the said observations made therein, the applicant was not permitted to continue on the post on which, he was working prior to his termination. Versus Counsel for Applicant(s) : Sanjay Kumar Singh Counsel for Opposite Party(s) : Priyanka Balmiki .....Applicant(s) Vinod Rai Distt. Probation Officer Distt. Bahraich .....Opposite Party(s) After hearing learned counsel for the applicant and going through the record of the case, it is found that the submission put forth on behalf of the applicant is not tenable in the eyes of law as the judgment and order of the Writ Court is conditional as the Writ Court had directed that till the decision is taken by the State Government, petitioners will be continued on their respective posts, so the joining of the applicant was only till the decision is taken by the State Government and as per the admitted case of the applicant, the decision was taken by the State Government on 26.09.2024. Once the decision was taken on the third day of passing the judgment and order, then there was no occasion for continuance of the applicant on the respective post. In view of the aforesaid, no contempt is made out against the respondent, hence, present case is dismissed. October 28, 2025 Ashish CAPL No. 3432 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench