Ramesh Chandra Gupta vs Sri Amrit Abhijat Secy.Deptt.Of ...
2014 Latest Caselaw 3220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1366 of 2014
 

 
Applicant :- Ramesh Chandra Gupta
 
Opposite Party :- Sri Amrit Abhijat Secy.Deptt.Of Culture Civil Sectt.Lko.&Ors
 
Counsel for Applicant :- I.P. Singh
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

Learned counsel for the applicant is alleging non-compliance of order of writ Court dated 14.05.2014 passed in Writ Petition No. 4927 (S/S) of 2009 (Ramesh Chandra Gupta Vs. State of U.P. and others), whereby the writ Court directed the respondents to make recruitment on the post of Assistant Director (Rangmandal) without any delay in accordance with rules. It was further provided that till regularly selected candidate joins, petitioner/applicant will be allowed to continue and paid salary for the post of Assistant Director (Rangmandal).  

Submission of learned counsel for the applicant is that applicant served the copy of order of writ Court on opposite parties no. 2 and 3 personally on 27.05.2014 and copy of the same was also sent to opposite party no. 1 through registered post followed by reminder on 08.07.2014.  It is also submitted that the applicant is being paid the salary of Administrative Officer i.e. pay scale of Rs. 9300-34800 with pay band of Rs.4200, whereas the salary of Assistant Director is  Rs. 15600-39100 with Grade pay of Rs. 5400/-.  Submission of learned counsel for the applicant is that neither the applicant has been allowed to work as Assistant Director (Rangmandal) nor he is being paid salary of the said post, despite service of order of writ Court.   Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite parties under the provisions of Contempt of Court Act for willful disobedience of order dated 14.05.2014 of the writ Court. 

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

Let notice be issued to opposite parties to appear before this Court on  14.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 14.05.2014 passed in Writ Petition No. 4927 (S/S) of 2009 (Ramesh Chandra Gupta 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 parties need not appear before this Court on the date fixed.

The copy of contempt petition be also provided to learned Standing Counsel, who will transmit the same to opposite party no. 1 along with gist of this order, for compliance. 

Learned Standing counsel will also seek instruction in the matter. 

Order Date :- 16.7.2014

Tanveer/-