Jitendra Kumar Srivastava vs Sri Uma Nath District Inspector Of ...
2013 Latest Caselaw 2638 ALL

Citation : 2013 Latest Caselaw 2638 ALL
Judgement Date : 23 May, 2013

Allahabad High Court

Jitendra Kumar Srivastava vs Sri Uma Nath District Inspector Of ... on 23 May, 2013

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CONTEMPT No. - 738 of 2013
 

 
Petitioner :- Jitendra Kumar Srivastava
 
Respondent :- Sri Uma Nath District Inspector Of Schools Sant Kabir Nagar
 
Petitioner Counsel :- Mahendra Singh Rathore
 

 
Hon'ble Ajai Lamba,J.

(C.M.A.No.48769 of 2013)

1. Vide order dated 17.10.2012 passed by this court in Writ Petition No.5817 (SS) of 2012, Jitendra Kumar Srivastava and ors. v. State of U.P. & Ors., it was directed that the petitioner shall be paid current salary for the post on which he has been appointed. The needful was not done and, therefore, this petition has been filed.

2. No assistance was given to this court. Constrained with such circumstances non-bailable warrant was issued through the Chief Judicial Magistrate concerned against the respondents to procure presence before this court. It is only thereafter that this application for recall of order dated 14.5.2013 has been filed. It has also been stated that the order has been complied with by the District Inspector of Schools.

3. It has been contended on behalf of the respondent that the documents have been sent to the Director, Secondary Education, U.P., Lucknow. It is further the admitted case that the salary has not been released to the petitioner.

4. It is the duty of the respondents collectively to release salary of an employee, who is serving, particularly when a writ court has issued such directions. Clearly order dated 17.10.2012 has not been complied with in its letter and spirit.

5. In the considered opinion of this court, prima facie even Director, Secondary Education, U.P., Lucknow is responsible for not complying with the order passed by this court.

6. By order of court Sri Vasudev Yadav, Director Secondary Education, U.P., Lucknow is impleaded as respondent no.2.

7. Sri Lalit Shukla has put in appearance for added respondent/respondent no.2 and undertakes to ensure that the order is complied with before the next date of listing.

8. List on 08.7.2013.

9. On that date, both the respondents shall remain present in court.

Order Date :- 23.5.2013

A.Nigam