Allahabad High Court
Rajesh Kumar Chaturvedi And Another vs Manoj Kumar Mishra, District Basic ... on 8 December, 2020
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4341 of 2020 Applicant :- Rajesh Kumar Chaturvedi And Another Opposite Party :- Manoj Kumar Mishra, District Basic Education Officer Counsel for Applicant :- Satyendra Chandra Tripathi Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant and Sri Akhilesh Chandra Srivastava, learned counsel appearing for the opposite party.
Present contempt application has been filed for willful disobedience of the order dated 31.7.2020 passed by this Court in Special Appeal (D) No. 255 of 2020, 253 of 2020 (which is now renumbered as Special Appeal No. 335 of 2020 and 328 of 2020 connected to Special Appeal (D) No. 240 of 2020 ( which is now renumbered as Special Appeal No. 326 of 2020, which is quoted as under:
"Heard along with leading Special Appeal (D) No. 240 of 2020.
Admit.
A fortnight is allowed to the respondents-State Authorities and the University to complete their instructions and, if necessary, file their affidavit. List for final disposal along with leading Special Appeal (D) No. 240 of 2020. Meanwhile, interim order as passed in leading Special Appeal (D) No. 240 of 2020 shall also operate in this appeal."
Pursuant to the aforesaid order Sri Srivastava has produced a copy of the order dated 5.12.2020 indicating therein that pursuant to the abovequoted order an order has been passed permitting the applicant - petitioner to join on the post concerned in the scale as payable to him.
Learned counsel for the applicant fairly admits that the applicant has jointed, however, he has expressed apprehension that the salary of the applicant may not be paid.
It is needless to point out that payment of salary is a necessary consequence of a person's working on the post concerned, therefore, at this stage, in the opinion of the Court this apprehension is misconceived.
Accordingly, this contempt application stands consigned to record, however, with the observation that in case salary is not paid to the applicant it shall be open to him to either file for restoration of this contempt application or he may file fresh contempt application regarding payment of current salary.
Order Date :- 8.12.2020 p.s.