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2025 DAILYLAW 93880 (ALL)

VINOD KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIA/13531/2025 · 2025-09-16

Arun Bhansali, Kshitij Shailendra

Contempt Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13531 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition is directed against order dated 07.03.2025 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 888 of 2018 whereby the Original Application filed by the petitioner has been dismissed. 2. The matter has a chequered history, the petitioner had filed Original Application No. 673 of 1997 seeking regularisation of his services on the sanctioned post of Patwari Clerk. While his Original Application was pending before the Tribunal, the respondents terminated his services on 02.05.2005. Aggrieved of the said termination, petitioner filed Original Application No. 545 of 2005 challenging the order of termination dated 02.05.2005 and seeking reinstatement. The Original Application was allowed on 27.04.2009 quashing the termination order and directing reinstatement. 3. When the order was not complied with, contempt petition was filed, whereafter the respondents filed Writ-A No. 40762 of 2009 before this Court which petition was dismissed on 10.08.2009. The petitioner was thereafter reinstated on 15.02.2011 and was superannuated on 30.06.2012. Whereafter, the present Original Application was filed in the year 2018 seeking regularisation. 4. The Tribunal, after noticing all the facts, and the direction issued in Original Application No. 545 of 2005 wherein a specific direction was issued for regularisation of the petitioner and that the petitioner was Versus Counsel for Petitioner(s) : Manu Mishra Counsel for Respondent(s) : A.S.G.I., Shiv Kumar Pal Vinod Kumar .....Petitioner(s) Union of India and 3 others .....Respondent(s) issued a communication dated 03.11.2011 requiring to appear in the written examination for the purpose and the contempt petition filed was decided on 08.12.2011 by noticing that the respondents had done what was expected of them and that petitioner was not interested for regularisation of his services as he was willfully avoiding to fulfill the requirements for the purpose, came to the conclusion that the issue of regularisation stood concluded in Original Application filed in the year 2005 and the same relief now sought cannot be granted and dismissed the Original Application. 5. 5. Counsel for the petitioner attempted to make submissions that the petitioner had worked for 26 years with the respondents and he cannot be denied regularisation, however, it is not denied that the relief of regularisation was granted and in the contempt petition arising from the order passed by the Tribunal, a finding regarding unwillingness of the petitioner in doing the requisite for regularisation was noticed and the petition was dismissed way back in the year 2012, filing of the Original Application in the year 2018, seeking the same relief all over again after the employment coming to an end in the year 2012 and the litigation stood concluded, cannot be countenanced and the same has rightly been dismissed by the Tribunal. 6. No case for interference is made out in the present petition. The same is therefore, dismissed. September 17, 2025 AHA/Sazia WRIA No. 13531 of 2025 2 (Kshitij Shailendra, J.) (Arun Bhansali, CJ.) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad