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2025 DAILYLAW 50488 (ALL)

BALVEER v. RAKESH KUMAR AND ANOTHER

CAPL/5576/2018 · 2025-04-20

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59310 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5576 of 2018 Applicant :- Balveer Opposite Party :- Rakesh Kumar And Another Counsel for Applicant :- Aktar Ahmed Siddiqui Counsel for Opposite Party :- Gaurav Gupta,Shobhit Saxena Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 06.02.2018 passed by this Court in Writ - A No. 4789 of 2018. The order dated 06.02.2018 is reproduced below:- Heard learned counsel for the parties. In pith and substance, the petitioner is asking that his representation dated 17.09.2016 addressed to the District Basic Education Officer, Shahjahanpur (second respondent) for according permission to the petitioner to work on the post of Peon, Dhanwantari Junior High Schools, Azeezganj, Shahjahnapur and pay the arrears of salary, may be decided expeditiously. Learned Standing Counsel very fairly submits that in case any such representation is pending, the same would be decided by the concerned authority. In view of the above, without entering into the merit of the case, the writ petition, on consent, stands disposed of directing the second respondent, District Basic Education Officer, Shahjahanpur, to consider and decide the representation of the petitioner by a reasoned and speaking order in accordance with law expeditiously, preferably, within two months from the date of receipt of certified copy of this order but certainly after according opportunity of hearing to the Manager/Principal of Dhanwantari Junior High School, Shahjahanpur. A perusal of the affidavit filed in support of the contempt application itself shows that order dated 09.08.2018 has been passed by the District Basic Education Officer, Shahjahanpur directing the Manager of the Committee of Management of the institution to allow the petitioner to join as Class IV employee in the institution. It has also been stated by the counsel for the applicant that the applicant has been allowed to join the institution. The joining of the applicant is also evident from the affidavit filed by the opposite party no. 2. As the order passed by the Writ Court has been complied by the opposite parties, no further orders are required to be passed in the present contempt application. The application is disposed of and consigned to records. Notices issued to the opposite parties are discharged. Order Date :- 21.4.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad