Allahabad High Court
Gyan Das And 8 Others vs Anurag Srivastava on 6 November, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 601 of 2019 Applicant :- Gyan Das And 8 Others Opposite Party :- Anurag Srivastava Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- K.R. Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants and Sri M.C.Chaturvedi, learned Additional Advocate General assisted by Sri P.K.Pandey, learned Additional Chief Standing Counsel for the opposite party.
The claim set up by the petitioners/applicants before the Writ Court was to accord the similar benefits as are available to the incumbents working on the post of Driver in different Departments of State Government. The claim of the applicants were considered and rejected by the opposite party vide order dated 6.7.2018. As per record, this is admitted situation that till now no sanctioned post of Driver in the office of District Panchayat Raj Officer has been created. No doubt, in the present matter, certain steps were taken by the State Government to create and sanction the post of Drivers in the offices of District Panchayat Raj Officers but in nutshell except one District Amethi, in remaining 74 districts, no posts were created/sanctioned.
Earlier an affidavit dated 31.7.2019 had been filed in the present matter but due to some defects, the same was withdrawn with the leave to file a better affidavit vide order dated 31.7.2019. In response to the said order, an affidavit of compliance has again been filed on behalf of the Principal Secretary of the Department appending therein the order dated 20.8.2019 whereby claim of the applicants were considered and rejected strictly in consonance with decision based upon a policy of the State Government dated 18.9.2018.
In this backdrop, it has been urged before this Court that in absence of any substantive post available in the department concerned, the claim of the applicants for regularisation cannot be accepted.
In the facts and circumstances, the Court is of the opinion that substantial compliance has been made in the matter and the cause for filing of the contempt application no more survives.
Consequently, the present contempt application stands disposed of. Notice, if any, stands discharged. However, it is always open to the applicants to assail the validity of the order dated 20.8.2019 before the appropriate Forum.
Order Date :- 6.11.2019 A.K.Srivastava