Allahabad High Court
State Of U.P. Thru. Prin. Secy. Forest ... vs Smt. Sumitra Singh And Others on 31 May, 2022
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - A No. - 3345 of 2022 Petitioner :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Civil Secrt. Lko. And Others Respondent :- Smt. Sumitra Singh And Others Counsel for Petitioner :- C.S.C. Hon'ble Suneet Kumar,J.
Hon'ble Ajai Kumar Srivastava-I,J.
The State- petitioners have filed the instant writ petition against order dated 05.01.2022, passed by the State Public Services Tribunal, Lucknow, in contempt petition No.216 of 2020; Sumitra Singh & others vs. Smt. Renu Singh and another, wherein, the learned Tribunal has directed the petitioners to submit a compliance report. It is noted in the impugned order that the deceased employee had since died, in the circumstances, the employee could not be regularized for the delay caused by the petitioners.
It is urged that in contempt proceedings, learned Tribunal has committed a mistake by going beyond the original order dated 08.11.2019, passed in Claim Petition No. 899 of 2013, wherein, a direction was issued to consider the claim of the deceased employee for regularization. It is further urged that the Committee considered the candidature of the employee but found him medically unfit for regularization, and in the meantime, the employee died. In the circumstances, it is urged that the Contempt Petition would not be maintainable against the petitioners without the legal heirs seeking modification/review of the original order.
Matter requires consideration.
Issue notice to the the opposite parties.
Steps be taken within a week by ordinary process as well as by registered post.
All the respondents may file counter affidavit within four weeks. Petitioners shall have two weeks, thereafter, to file rejoinder affidavit.
List thereafter.
Till the next date of listing, further proceedings in Contempt Petition No. 216 of 2020; Sumitra Singh & others vs. Smt. Renu Singh and another, pending before the Tribunal, shall remain stayed.
Order Date :- 31.5.2022/Reena