Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 38303 (ALL)

NISHANT KUMAR v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/4343/2025 · 2025-04-07

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50333 Court No. - 4 Case :- WRIT - A No. - 4343 of 2025 Petitioner :- Nishant Kumar Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Vivek Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. Petitioner has approached this Court for a writ of mandamus to release the gratuity, pension and other emoluments towards the terminal dues of his late father. 3. Learned Standing Counsel submits that the petitioner has earlier approached this Court vide Writ A No.17619 of 2024 which came to be disposed of on 13.11.2024 with direction to the respondent no.2 to look into and consider the representation of the petitioner and the same may be decided in accordance with law. 4. Upon a pointed query being made, learned counsel for the petitioner submits that after the copy of the aforesaid order was served, queries were made by the Chief Medical Officer, Baghpat vide letter dated 16.12.2024 which has already been replied to by the petitioner on 24.12.2024. However, no order has been passed till date. 5. In the considered view of the Court, if the final orders are not passed upon the representation of the petitioner despite directions issued by this Court, that amounts to a case of contempt and non-disposal of the representation would construed a contempt cause of action and hence the petitioner has liberty to approach this Court under Section 12 of the Contempt of Courts Act as no second petition for the same relief can be entertained in view of Chapter XXII, Rule 7 of the High Court Rules. 6. Subject to the aforesaid liberty, this petition is consigned to records. Order Date :- 8.4.2025/Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad