Allahabad High Court
Shukrullah Khan vs Sri Deepak Trivedi, Addl. Chief Secy. ... on 6 November, 2019
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 1937 of 2017 Applicant :- Shukrullah Khan Opposite Party :- Sri Deepak Trivedi, Addl. Chief Secy. Excise Deptt., Govt. O Counsel for Applicant :- Sandeep Dixit, Mohd. Anas Khan, Mohd.Shahzaan Naiyer, Varadraj Shreedutt Ojha Hon'ble Chandra Dhari Singh,J.
Reply to the Supplementary Affidavit filed by the learned counsel for the petitioner is taken on record.
Present contempt petition has been filed for non-compliance of order dated 22.11.2016 passed in Writ Petition No.1677 (S/B) of 2013. The operative portion of the order reads as under :
"Opposite parties have not considered the case of the petitioner in correct perspective as directed by this Court. We accordingly allow this writ petition and a writ in the nature of certiorari is issued quashing the orders dated 28.4.2008 and 24.9.2008. The Principal Secretary concerned is directed to consider the case of the petitioner in the light of the observation made by this Court within a period of two months from the date of receipt of a certified copy of this order."
Learned counsel for the petitioner has submitted that the case of the petitioner has not been considered in correct perspective and the respondents have failed to comply with the order deliberately as per the direction given by this Hon'ble Court in aforesaid writ petition No.1677 (S/B) of 2013.
Learned counsel for the State has submitted that the order of the writ court has already been complied with and an affidavit of compliance is already on record. Learned counsel for the State has pointed that the Additional Chief Secretary, Government of U.P. vide order dated 14.09.2017 has considered the case of the petitioner and did not find the petitioner fit and suitable for giving him notional promotion and accordingly a reasoned and speaking order has been passed. Learned counsel for the State has also submitted that since the order of the writ court has already been complied with by the opposite parties, therefore, nothing is to be adjudicated further by this Hon'ble Court.
I have heard both the parties and perused the pleadings on record as well as the order passed by the respondent in compliance to the order of the writ court.
Perusal of the order dated 14.09.2017 passed by the respondents reveals that the State Government with a view to ensure the compliance of order dated 22.11.2016 called the meeting of the Departmental Selection Committee on 08.09.2017, who considered the claim of the petitioner on the basis of his initial date of appointment, regarding his notional promotion w.e.f 25.05.1995 i.e. the date of promotion to his juniors and the Departmental Selection Committee on the basis of the Service Records of ten years did not find the petitioner fit and suitable for the notional promotion.
In view of the above, I am of the view that the order of the writ court has been complied with by the respondents and there is no reason for initiating the contempt proceedings against the respondents.
The contempt petition is dismissed. However, if the petitioner is aggrieved against the order dated 14.09.2017 passed by the respondent, he may approach the appropriate forum.
Order Date :- 6.11.2019 VNP/-