Bharat Singh & 35 Others vs Shri Deepak ...
2015 Latest Caselaw 2540 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- CONTEMPT No. - 671 of 2015
 
Applicant :- Bharat Singh & 35 Others
 
Opposite Party :- Shri Deepak Singhal,Prin.Secy.,Irrigation Deptt. & 4 Others
 
Counsel for Applicant :- Subhas Chandra Pandey
 
Counsel for Opposite Party :- C S C,A A G
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

 An affidavit of compliance has been filed by Sri Arvind Kumar Pandey, Executive Engineer-opposite party no.5 stating therein that in compliance of the order of the writ court, the State Government issued order dated 17.8.2015 and in pursuance thereof payment has made to the petitioner through NEFT. Copy of the order dated 17.8.2015 and statement of bank have been filed as Annexure A-1 and A-2 to the said affidavit.

A perusal of the order dated 17.8.2015 reveals that the State Government has granted approval for compliance  from the date of judgement i.e. 15.1.2001 whereas the writ court while passing the judgment in Writ Petition No. 245 of 2001 has directed that the present petitioners shall be paid the same emoluments i.e. the same scale pf pay, which is being paid to the aforesaid Suresh Chandra Tewari and others, who are the petitioners of writ petition no.3558 (SS) of 1992 with effect from 31.3.1989 or the date of respective appointment/initial engagement as Tube well  Operators of the aforesaid persons, whichever is later.

On due consideration, it transpires that the order of the writ court has not been complied with. Therefore, application for discharge of contempt notice and dismissal of the contempt petition is rejected.

List this case on 12.10.2015. If the order is not complied with, all the opposite parties will appear on the next date of listing for framing of charges.Standing Counsel shall communicate this order to the concerned authorities.

Dated: 22/09/2015

HM/-