HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5053 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. 2nd compliance affidavit filed on behalf of the opposite party nos. 1 and 2 are taken on record. 2. On 01.09.2026, this Court proceeded to pass the following order:- "1. The present contempt petition has been preferred alleging non- compliance of the order dated 12.07.2017 passed in Writ A No.29739 of 2017, the order whereof is quoted hereinunder: "The petitioner is working in the institution in question, namely, Sri Agarsen Post Graduate College, Mauranipur, Jhansi since 1999 on daily wages basis. Previously, he preferred a writ petition, being Writ-A No. 56274 of 2016, Pradeep Kumar Gupta v. State of U.P. and others, for a direction upon the respondents to regularize his services. This Court vide its order dated 29th November, 2016 directed the Regional Higher Education Officer, the third respondent therein, to consider the grievance of the petitioner. In compliance thereof, the Regional Higher Education Officer has rejected the claim of the petitioner for regularisation on the ground that he was working under the self-financing scheme and no paper with regard to his functioning is available. Learned counsel for the petitioner has drawn my attention to the comments submitted by the Principal of the institution to the Regional Higher Education Officer dated 29th March, 2017, wherein she has categorically stated that the petitioner is working in the institution since 1999 and the college has never shown him that he has worked under the Versus Counsel for Applicant(s) : Rahul Kumar, Santosh Kumar Upadhyay, Vinod Kumar Upadhyay Counsel for Opposite Party(s) : Manas Singh, Pooja Singh Pradeep Kumar Gupta .....Applicant(s) Shri Mirza Fahim And Another .....Opposite Party(s) self-financing scheme. It was also mentioned that he was paid the minimum wages and has been working in the sport section and library of the institution as a Class-IV employee. Thus, it is submitted that the finding recorded by the Regional Higher Education Officer that the petitioner was working in the self-financing scheme is a perverse finding. The matter needs consideration. The petitioner has made out a prima facie case. Learned Standing Counsel appears for the first and third respondents. Sri Neeraj Tiwari, learned Advocate, has put in appearance on behalf of the second respondent. Issue notice to the fourth and fifth respondents returnable on 11th September, 2017. Steps be taken within ten days. Till the next date of listing the impugned orders dated 07th April, 2017 and 30th May, 2017 shall be kept in abeyance, the petitioner shall continue in the institution and his salary shall be paid regularly." 2. This Court on 03.08.2026 proceeded to pass the following orders: "1. Contention of learned counsel for the applicant is that despite the existence of the order dated 12.07.2017, passed in Writ-A No. 29739 of 2017, the opposite party has stopped the salary of the petitioner since March 2026, though the order of the writ Court had stayed the effect and the operation of the order dated 07.04.2017 and 30.05.2017, requiring the opposite party to pay salary regularly. 2. Prima facie, a case of contempt is made out. 3. Issue notice to the opposite parties. Steps to be taken by today. 4. Put up this case on 27.08.2026, as fresh." 3. Counter affidavit has been filed by opposite party nos. 1 and 2, the allegation of the applicant is that he has not been paid salary since March, 2026. 4. The counsel for the opposite party no. 2 submits that the elections have been held on 23.08.2026 and while inviting attention towards the para-10 of the counter affidavit filed by the opposite party no. 1 who happens to be the Principal, a narrative has been set up that payments will be made shortly. 5. Be that as it may be, the opposite parties are in contempt. 6. Confronted with the said situation, learned counsel for the opposite CAPL No. 5053 of 2026 2 parties seek time till 17.09.2026. 7. Put up this case on 17.09.2026 as fresh." 3. Thereafter, on 17.09.2026, following order has been passed:- "Two affidavits, filed today, are taken on record. According to the opposite party, valid committee stands approved on 16.09.2026. Put up this case on 01.10.2026 as fresh, by which time, the order of the writ court be complied with." 4. Today, affidavits have been filed on behalf of the opposite party nos. 1 and 2, in which in paragraph no. 3, it has been asserted that arrears of salary have been paid to the applicant till August, 2026 on 23.09.2026. 5. Learned counsel for the applicant submits that a direction be issued to the opposite parties not to withhold any salary of the applicant on account of paucity of funds. 6. In the opinion of the Court, since the salary till August, 2026 has been paid on 23.09.2026 and for the month of September onwards, the salary is to be paid in accordance with law and the ground of financial paucity for not making payment is not acceptable and is not legally tenable, in view of the judgment of the Hon'ble Apex Court in Dharam Singh Vs. State of U.P.: 2025 SCC Online SC 1735 & State of West Bengal Vs. Confederation of State Government Employees, West Bengal: 2026 INSC 123. 7. Since there has been substantial compliance, the contempt application is consigned to record leaving it open to the applicant to again approach as and when such situation arises. October 1, 2026 Rajesh CAPL No. 5053 of 2026 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad