Allahabad High Court
Bhanu Pratap Singh vs Sri Rakesh Kumar Mishra, I.A.S., ... on 15 February, 2023
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2094 of 2022 Applicant :- Bhanu Pratap Singh Opposite Party :- Sri Rakesh Kumar Mishra, I.A.S., Currently Posted As D.M., Amethi Counsel for Applicant :- Alok Kirti Mishra,Dharmesh Kumar Dwivedi,Sharad Pathak,Shashank Kumar Shukla Counsel for Opposite Party :- Prabhakar Tiwari Hon'ble Rajnish Kumar,J.
Shri Santosh Kumar Singh, learned Standing Counsel has filed affidavit of compliance, which is taken on record.
An order dated 14.2.2023 passed by the District Magistrate, Amethi in compliance of the order passed by this Court dated 31.5.2022 in Special Appeal No. 448 of 2019 (Bhanu Pratap Singh Vs. State of U.P. and Others) has been placed on record.
By means of order dated 31.5.2022, the special appeal was party allowed only to the extent that the petitioner- applicant would be given the benefit of the order in the case of Pratap Narain Pandey Vs. State of U.P. in Writ Petition No. 4031 (S/S) of 2001 in so far as the retiral benefits are concerned.
Perusal of the order passed by the District Magistrate indicates that order has been passed considering the case of the applicant in comparison with Pratap Narain Pandey (Supra) and it has been found that the applicant had not worked regularly and had worked as seasonal collection Amin and there were obstructions in his services. Opposite parties have also taken a ground that the services rendered by the applicant as seasonal collection Amin can not be counted as qualifying service for the purpose of pension in view of the Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021.
This Court is of the view that the substantial compliance of the order passed by the writ Court has been made. In case the applicant is aggrieved by the same, he may avail appropriate remedy as may be available under law.
With the aforesaid, the contempt application is dismissed.
Order Date :- 15.2.2023 Mohit Singh/-