Allahabad High Court
Vijay Kumar vs Narendra Sharma,Distt.Inspector Of ... on 20 September, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 2642 of 2018 Applicant :- Vijay Kumar Opposite Party :- Narendra Sharma,Distt.Inspector Of Schools,Sitapur & Ors. Counsel for Applicant :- Israr Ahmad Ansari,Ajay Kumar Hon'ble Dinesh Kumar Singh,J.
The present contempt petition has been filed for alleged violation/non-compliance of the judgement and order dated 24.5.2018 passed by the Writ Court in Writ Petition No.15359 (SS) of 2018. The aforesaid writ petition was finally disposed of in following terms :-
"By means of this writ petition, the petitioner has prayed that the competent authorities be directed to provide the minimum pay-scale to the petitioner till the regularly appointed candidate comes and join.
Learned counsel for the petitioner has submitted that there are still vacant posts in Class-IV in the Institution and the petitioner is discharging his duties on the post of Lab Assistant. He has also submitted that for redressal of his grievance the petitioner has preferred representation to the authority concerned, but till date, no decision has been taken by the authority concerned.
Therefore in view of the above, without entering into merits of the issue, the liberty is given to the petitioner to prefer a fresh representation to the District Inspect of Schools, Sitapur ventilating his grievance enclosing therewith the copies of his earlier representations and all other relevant documents, which are necessary for disposal of his representation within ten days' from today. If such representation is preferred by the petitioner within the aforesaid period, the District Inspector of Schools, Sitapur shall consider and decide the same, strictly in accordance with law by a speaking and reasoned order, expeditiously, say within a period of three months from the date of presentation of a certified copy of this order before him.
In view of the aforesaid terms, the writ petition is disposed of finally. "
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Narendra Sharma, District Inspector of Schools, Sitapur has been filed. Along with the aforesaid affidavit, a copy of the decision dated 14.11.2018 taken on the representation of the petitioner has been placed on record as Annexure No.A-1, whereby the petitioner's representation dated 21.5.2018 regarding grant of minimum of the pay scale till regularly selected candidate comes and joins has been considered and rejected. In view of the aforesaid decision dated 14.11.2018 taken on the representation of the petitioner, nothing survives in the present contempt petition, which is hereby disposed of as having become infructuous. However, if the petitioner is aggrieved by the aforesaid decision dated 14.11.2018 taken on his representation, he may approach the competent Court/forum, if he is so advised and law permits. Contempt notice stands discharged.
Order Date :- 20.9.2019 Rao/-
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Hon'ble Dinesh Kumar Singh, J.
Heard.
Reasons indicated in the affidavit filed along with the application are sufficient. Application is allowed. The order dated 12.7.2019 is recalled and the petition is restored to its original number. Order Date :- 20.9.2019 Rao/-
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Hon'ble Dinesh Kumar Singh, J.
Heard.
Reasons and facts stated in the affidavit filed along with the application are sufficient to condone the delay. Application is allowed and the delay in filing the restoration application is condoned. Order Date :- 20.9.2019 Rao/-