BHOJ RAJ SINGH v. SRI LAXMI KANT PANDEY, DISTRICT BASIC EDUCATION OFFICER
CAPL/359/2021 · 2025-03-18
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6265 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39768 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 359 of 2021 Applicant :- Bhoj Raj Singh Opposite Party :- Sri Laxmi Kant Pandey, District Basic Education Officer Counsel for Applicant :- Ramdhan Counsel for Opposite Party :- Hari Narayan Singh Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 05.02.2022 passed by this Court in Writ - A No. 56247 of 2014 whereby this Court had remitted the matter to the District Basic Education Officer, Aligarh asking him to constitute the Committee as required under Rule 16 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 for making promotion to the post of Headmaster, in case, there were vacancies of Headmaster in Junior High School. The District Basic Education Officer has decided the claim of the applicant vide order dated 17.02.2021 noting that the applicant had retired on 31.03.2019, therefore, he could not be considered for promotion against any vacancy coming into existence in 2020. It appears from a reading of the order dated 05.02.2020 that the fact that the applicant had retired in March, 2019 was not brought to the notice of the Court in Writ - A No. 56247 of 2014. In light of the aforesaid facts, the order dated 05.02.2020 could not have been complied by the District Basic Education Officer, Aligarh, therefore, no willful disobedience of the order can be imputed to the District Basic Education Officer. In view of the aforesaid, 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. The applicant has the remedy to challenge the order dated 17.02.2021 before the appropriate forum. Order Date :- 19.3.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad