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2025 DAILYLAW 34366 (ALL)

INDRAJEET MISHRA AND 18 OTHERS v. SHRI AMIT SINGH BANSAL, D.M. MAU

CAPL/3875/2021 · 2025-05-08

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75412 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3875 of 2021 Applicant :- Indrajeet Mishra And 18 Others Opposite Party :- Shri Amit Singh Bansal, D.M. Mau Counsel for Applicant :- Dharmendra Kumar Tripathi,Praveen Chandra Mishra Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants. The present contempt application has been filed pleading willful disobedience of the order dated 12.7.2021 passed by this Court in Writ - A No. 21433 of 2019. The operative portion of the order dated 12.7.2021 is reproduced below : - "In such circumstances, it would be appropriate to dispose of this writ petition with a direction upon the District Magistrate concerned to act in terms of the Government Order dated 22.2.2019 and proceed to consider petitioners' claim, afresh, without insisting upon any order from the State Government with regard to age relaxation. The previous orders of the District Magistrate dated 28.3.2019 and 1.4.2019 shall be given effect to in light of the above observations, within a period of six weeks from the date of presentation of a copy of this order. In case persons junior to petitioners have already been given the benefit of regularization, the respondents will also consider grant of such notional benefit to petitioners from the date such benefits have been given to their juniors." A compliance affidavit had been filed by the opposite party and is on record disclosing that an order dated 21.3.2022 has been passed by the District Magistrate, Mau regularizing the services of the applicants subject to the condition that the claim for being treated as regularized from the back date shall not be accepted. A perusal of the order dated 12.7.2021 only provides that the concerned authority shall consider grant of notional benefit to the petitioners from the date such benefits had been given to their juniors and it does not direct the concerned authority to grant the said notional benefits. The notional benefits had been refused by the District Magistrate, Mau. The applicants have the remedy to challenge the same before the appropriate forum. As the order passed by the Writ Court has been complied by the opposite party, no further orders are required to be passed in the present contempt application. The application is disposed of and consigned to records. Notice issued to the opposite party is discharged. Order Date :- 9.5.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad