OM PRAKASH RAI v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/10499/2025 · 2025-07-27
Ajit Kumar
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 79100 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79100 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:123862 Court No. - 4 Case :- WRIT - A No. - 10499 of 2025 Petitioner :- Om Prakash Rai Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Sameer Kumar Rai,Sandeep Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Mr. Vipul Raj Gautam, learned Advocate holding brief of Mr. Sameer Kumar Rai, learned counsel for petitioner and learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for writ of mandamus to command the respondent to consider the representation of the petitioner dated 09.03.2025 for payment of post retirement dues.
3. It is submitted on behalf of the petitioner that he was placed under suspension prior to his retirement but thereafter nothing happened as he had not been paid any dues.
4. It is further contended that in the above regard petitioner has moved to this Court by means of writ petition which was disposed of on 21.12.2023 being Writ A No. 1934 of 2023 and upon which no order was passed, so petitioner moved contempt petition before this Court being Contempt Application Civil No. 3914 of 2023 which was disposed of with the direction to the respondent to decide the matter of claim of the petitioner within stipulated period of time failing which petitioner has liberty to approach the Court again.It is contended that since the matter remained undisposed of petitioner was left with no other option but to file a Writ Petition being Writ A No. 6839 of 2024 which again stood disposed of vide
order dated 03.05.2024. Again when no order was passed, petitioner moved a contempt application being Contempt Application Civil No. 48 of 2025 which stood dismissed for want
of prosecution and for recall of this order petitioner has already moved a restoration application on 21.05.2025.
5. Learned Standing Counsel submits that since the order of the writ Court is not complied with, the proper remedy for the petitioner is to file contempt and he rightly availed the said remedy and hence, petitioner await the final outcome of the contempt application.
6. In the given facts and circumstances when the petitioner has already filed a contempt application being Civil Misc. Contempt Application No. 48 of 2025 may be it stands dismissed for want of prosecution but petitioner should pursue the remedy of restoration in respect of the order passed by the contempt court dismissing the contempt application in default on 31.01.2025 and hence, I decline to grant indulgence in the matter at this stage.
7. The petition thus is consigned to records.
Order Date :- 28.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad