Allahabad High Court
Gomti Devi vs Civil Judge Junior Division, Kaushambi ... on 24 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 2149 of 2018 Petitioner :- Gomti Devi Respondent :- Civil Judge Junior Division, Kaushambi And Another Counsel for Petitioner :- Vishesh Kumar Hon'ble Ajay Bhanot,J.
The operative portion of the judgment and order rendered by this Court on 07.11.2017 in Writ-A No. 20043 of 2012 (Satendra Narayan Singh and others Vs State of U.P. and others) the non compliance of which is alleged is extracted hereunder:
"The Secretary, Public Works Department is directed to look into the mode of recruitment, educational qualifications, dates of appointment of the petitioners and their seniority as well as the provisions of Government Order dated 05.12.1994 and also the compliance affidavit filed by the Secretary, Public Works Department in Contempt Petition No. 337 of 2009 and given opportunity of hearing to the petitioners and pass appropriate, reasoned and speaking order within a period of three months.
The impugned order is set aside and writ petition is partly allowed to this extent only."
Sri D.N. Mishra, learned Standing Counsel has called attention to paras 4 and 5 of the affidavit of compliance and also the order dated 26.06.2018 passed by the opposite party in compliance of the orders passed by this Court.
A perusal of the order dated 26.06.2018 discloses that the competent authority accorded full consideration to all matters germane to the controversy and also all issues liable for consideration as directed by this court. In particular full consideration was given to the mode of recruitment, educational qualifications, date of appointment of the petitioner, seniority and the affidavit filed by the Additional Chief Secretary, Public Works Department, Government of U.P. Lucknow.
In view of the compliance of the order passed by this Court, the contempt petition is liable to be dismissed. Notice issued to the respondent is discharged.
The contempt application (civil) is dismissed.
It is open to the petitioner to challenge the order dated 26.06.2018 passed by the Additional Chief Secretary, Public Works Department, Government of U.P. Lucknow, on merits.
Order Date :- 24.2.2020 Pravin