SHYAMA DEVI v. UDAY BHAN, IN-CHARGE, REGIONAL DEPUTY DIRECTOR OF EDUCATION, VINDHYACHAL REGION AND ANOTHER
CAPL/1694/2025 · 2025-04-15
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40918 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40918 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55628 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1694 of 2025 Applicant :- Shyama Devi Opposite Party :- Uday Bhan, In-Charge, Regional Deputy Director Of Education, Vindhyachal Region And Another Counsel for Applicant :- Agnihotri Kumar Tripathi Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 22.5.2024 passed in Writ A No. 7235 of 2024 filed by the applicant, the writ Court directed as under:
"14. In the result, this petition succeeds and is allowed. The impugned order dated 23.03.2024 passed by the Regional Deputy Director of Education (Secondary), Vindhyachal Region, Mirzapur to the extent it directs a revised proposal for gratuity to be sent in accordance with the Government Order dated 01.03.2021 is quashed. A mandamus is issued to the respondents to sanction for the petitioner gratuity worked out on the basis of her husband's services for the entire period of 23 years and 3 months, which shall be paid to her after deducting any sum of gratuity, already paid, within a period of two months of the date of receipt of a copy of this order. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 28.8.2024 , but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within two months from the date of production of a copy of this order. The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite
party within one week thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self- addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 16.4.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad