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2025 DAILYLAW 43554 (ALL)

VIKASH ADIWAL v. SMT. REKHA RANI, DISTRICT INSPECTOR OF SCHOOLS

CAPL/1733/2025 · 2025-04-17

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57201 Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1733 of 2025 Applicant :- Vikash Adiwal Opposite Party :- Smt. Rekha Rani, District Inspector Of Schools Counsel for Applicant :- Adarsh Singh,Indra Raj Singh Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicant. Vide order dated 2.5.2023 passed in Writ A No. 34504 of 2015 filed by the applicant, the writ Court directed as under: "26. The appointment of the petitioner has been made under Regulation 105 as is evident from the letter of District Inspector of Schools dated 18.11.1999 after complying with the procedure contemplated under Regulations 101 to 107 of Chapter-III framed under Section 16-G of the Act, 1921, and there is no bar under the Regulations 101 to 107 as contained in Rules, 1974 that if the spouse of deceased employee is employed in government organisation, the dependent of deceased employee shall not be entitled to compassionate appointment. 27. In such view of the fact, this Court finds that the District Inspector of Schools while cancelling the appointment of the petitioner has committed manifest illegality in not considering the fact that the petitioner has been appointed under Regulation 105 of rules framed under Section 16-G of the Act, 1921, and therefore, Rules 1974 are not applicable in the fact of the present case. 28. Consequently, the order impugned cancelling the appointment of the petitioner is not sustainable in law and is accordingly, set aside. The writ petition is allowed with all consequential benefits to the petitioner. " Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 16.5.2023 along with representation, 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 :- 18.4.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad