U.P. Berozgar Shishikshu Diploma ... vs Kishan Singh Atoriya & 2 Ors.
2015 Latest Caselaw 2329 ALL

Citation : 2015 Latest Caselaw 2329 ALL
Judgement Date : 15 September, 2015

Allahabad High Court

U.P. Berozgar Shishikshu Diploma ... vs Kishan Singh Atoriya & 2 Ors. on 15 September, 2015

Bench: Devendra Kumar Arora




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 2745 of 2014
 

 
Applicant :- U.P. Berozgar Shishikshu Diploma Engineer'S Welfare Associat
 
Opposite Party :- Kishan Singh Atoriya & 2 Ors.
 
Counsel for Applicant :- Dr. Lalta Prasad Mishra,Vijay Kumar Tripathi
 
Counsel for Opposite Party :- C S C
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

An affidavit of compliance has been filed by opposite party no.3 stating therein that a decision has been taken vide office order dated 14.8.2015, to refer the matter of 14 members of the petitioners' association as mentioned in paragraph 7 of the affidavit except the candidates mentioned at serial no. 14 and 16 as these persons do not require any age relaxation in pursuance to the advertisement dated 23.52009 as they belong to OBC category.

Dr. L.P.Mishra, Counsel for the petitioner after seeing the affidavit submitted that the issue with respect to preferential treatment to the Trained Apprentice finally decided by the learned Single Judge in Writ Petition No. 4691 (SS) of 1998 vide judgment and order dated and 5.5.2010 which was subsequently modified vide judgment and order dated 15.7.2009. Therefore, there was no occasion for the opposite party to deny the benefit to persons mentioned at sl. no.14 and 16. Therefore, definitely there is no complete compliance of the order of the writ court.

At this stage, learned Standing Counsel prays for some time to seek necessary clarifications and instructions in the matter.

Prayer is accepted. List this case on 21.9.2015.

If the order of the writ court is not complied with in its letter and spirit, the opposite party no. 1 and 3 shall appear on the next date fixed.

State Counsel shall also seek instructions as to what action has been taken by the Public Service Commission with respect to candidature of the persons, whose name were referred by the State Government.

Order Date :- 15.9.2015

MH/-