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2025 DAILYLAW 3018 (ALL)

MANOJ NISHAD v. UPENDRA KUMAR, DISTRICT INSPECTOR OF SCHOOLS AZAMGARH

CAPL/6363/2025 · 2026-05-04

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 6363 of 2025 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Mr. Manoj Kumar, In-Charge District Inspector of Schools, Azamgarh is present in the Court today, who is identified by Ms. Rachna Tiwari, learned counsel on behalf of opposite party. 2. The writ Court, on 03.07.2025, while disposing of Writ-A No.8657 of 2025 had required the opposite party that in case a detailed representation was filed, it was to be decided and following order was passed:- "1. The instant writ petition has been filed seeking following main prayer:- "Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay post retiral benefits to the petitioner including complete amount of G.P.F., Gratuity, Insurance and other dues with 12% interest within stipulated period as may be specified by this Court." 2. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made innocuous prayer that his representation dated 10.02.2025, which is pending before respondent no.3, may be directed to be decided in time bound manner. 3. Learned Standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not opposed the prayer as made by learned counsel appearing on behalf of the petitioner. 4. Heard Sri Ashok Kumar Dwivedi, learned counsel appearing on behalf of the petitioner and Sri R.P. Tiwari, learned Standing Counsel appearing Versus Counsel for Applicant(s) : Ashok Kumar Dwivedi, Deepankar Dwivedi Counsel for Opposite Party(s) : Manoj Nishad .....Applicant(s) Upendra Kumar, District Inspector Of Schools Azamgarh .....Opposite Party(s) on behalf of the State and perused the contents made in the writ petition. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing counsel appearing on behalf of State-respondents. Learned counsel for the petitioner is directed to file a fresh detailed representation along with the present writ petition as well as certified copy of this order before respondent no.3, District Inspector of Schools, Azamgarh within 10 days from today. After receiving the said representation, respondent no.3 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation. 6. With the aforesaid directions/observations, the present writ petition is disposed of. " 3. An affidavit of compliance has been filed today, wherein in paragraphs 8 and 9, it has been stated that the representation has been decided and an amount of Rs.11,83,350/- has been paid to the applicant. 4. As the order of the writ Court was only to the extent to decide the representation in case it was filed, the authorities have decided the said representation on 04.05.2026 and have also made the payment to the applicant, copy of which, has been brought on record as Annexures 2 and 3 to the said affidavit. 5. In view of the said fact as the order of the writ Court has been complied with, present contempt application is rendered infructuous and the same stands dismissed. 6. Non-bailable warrant stands discharged. May 5, 2026 SK Goswami CAPL No. 6363 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad