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2026 DAILYLAW 7580 (ALL)

ASHWANI KUMAR SHUKLA AND 7 OTHERS v. MR. DEEPAK KUMAR ADDITIONAL CHIEF SECRETARY FINANCE AUDIT SECTION-1 GOVERNMENT OF U.P.

CAPL/4605/2026 · 2026-09-17

Vikas Budhwar

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4605 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. Affidavit of compliance filed by the opposite party is taken on record. 2. This Court on 07.08.2026 proceeded to pass the following orders: "1. The present contempt petition has been preferred alleging non-compliance of the order dated 25.02.2026 passed in Writ A No.2820 of 2026, the order whereof is quoted hereinunder: "1. Heard Sri Lavlesh Kumar Shukla, learned counsel for the petitioners and Sri Gaurav Singh, learned Standing Counsel, who appears for State-respondents. 2. The case of the writ petitioners is that they are appointed on the post of Auditor in the year 1995 and they superannuated in the year 2024, 2025 and 2026, however, they are not being paid the grade pay of Rs. 5400/- and based upon the same applying the principles of last pay drawn, they are 3. Prayer in the present petition is for a direction to the respondents to consider the claim. 4. Learned Standing Counsel submits that the claim of the writ petitioners needs adjudication at the first instance by the first respondent, Additional Chief Secretary Finance Audit Section-1, Government of U.P, Lucknow. 5. To such a submission, learned counsel for the petitioners has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioners to prefer a comprehensive representation along with the self-attested copy of the writ petition before the first respondent, who shall on the receipt of the same within a period of two weeks, proceed to decide the claim of the petitioners strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. In case the first respondent is of the opinion that the matter is to be decided by Versus Counsel for Applicant(s) : Lavlesh Kumar Shukla Counsel for Opposite Party(s) : Ashwani Kumar Shukla And 7 Others .....Applicant(s) Mr. Deepak Kumar Additional Chief Secretary Finance Audit Section-1 Government Of U.P. .....Opposite Party(s) some other authorities then the papers shall be transmitted to the same. 7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 8. With the aforesaid observation, the writ petition is disposed off." 2. This Court on 22.07.2026 proceeded to pass the following orders: "1. Let a copy of the contempt application be served upon Sri Brijesh Kumar, learned Standing Counsel during the course of the day who shall seek instruction before the next date. 2. Put up this case on 04.08.2026, as fresh." 3. Sri Brijesh Kumar, learned Standing Counsel had produced a letter dated 31.07.2026 and 04.08.2026 mentioning therein that though the instructions has called by the Court, the said aspect was communicated to the opposite party but he has not received instructions. 4. Prima facie, a case for contempt is made out. 5. Issue notice to opposite party. 6. List this case on 07.09.2026 at 2.00 PM in the additional cause list, on the said date, an affidavit of compliance be filed and in case, the same is not filed then the Court would be constrained to summon the opposite party." 3. Thereafter on 07.09.2026 following orders have been passed: "1. This Court on 07.08.2026, required the opposite party to file affidavit of compliance. 2. Today, instructions have been produced according to which, the comments of Director has been received. However, six weeks' time is sought. 3. In the opinion of the Court, six weeks' time is not a reasonable time particularly when the opposite party is in contempt. 4. Put up this case on 18.09.2026 in the daily cause list under the same caption. 5. Copy of instructions filed today is taken on record and marked as Appendix-Z." 4. Today a compliance affidavit has been filed on behalf of the opposite party, according to which, the representation has been decided on 10.09.2026. 5. Accordingly, the contempt application stands consigned to record, leaving it open for the applicant to question the said order before appropriate forum in accordance with law. September 18, 2026 Ashu CAPL No. 4605 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad