Holi Ram vs Sri Rajendra Singh Posted As Zila ...
2014 Latest Caselaw 2975 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1309 of 2014
 

 
Applicant :- Holi Ram
 
Opposite Party :- Sri Rajendra Singh Posted As Zila Basic Shiksha Adhikari
 
Counsel for Applicant :- G.C. Verma
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Submission of learned counsel for the applicant is that applicant approached this Court by means of Writ Petition No. 3241 (S/S) of 2013 (Holi Ram Vs. State of U.P. and others), with the prayer that opposite parties may be directed to grant promotional pay scale to the petitioner/applicant w.e.f. 01.07.2001 and make the payment of difference of salary. The said writ petition was disposed of vide order dated 31.05.2013 with liberty to the petitioner/applicant to make a fresh representation within a period of fifteen days and District Basic Education Officer was required to consider and decide the same within a period of two months from the date of receipt of representation of the applicant along with certified copy of order.

Further submission of learned counsel for the applicant is that copy of the representation along with certified copy of order of the writ Court was sent through registered post to the District Basic Education Officer on 08.06.2013 followed by reminder on 25.09.2013. It is also submitted that time prescribed by the writ Court has already expired, but till date no action has been taken in compliance of the order of writ Court. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against opposite party under the provisions of Contempt of Court Act for willful disobedience of the order of Writ Court dated 31.05.2013.

On due consideration,  prima facie, a case of willful violation of the the order of writ Court is made out.

Let notice be issued to opposite party to appear before this Court on  11.08.2014  to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of the order of writ Court dated 31.05.2013 passed in Writ Petition No. 3241 (S/S) of 2013 (Holi Ram Vs. State of U.P. and others).

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite party need not appear before this Court on the date fixed.

Order Date :- 11.7.2014

Tanveer/-