Citation : 2019 Latest Caselaw 4977 ALL
Judgement Date : 23 May, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 838 of 2019 Applicant :- Awardee Teacher Welfare Society Thru.General Secretary & Anr Opposite Party :- Prabhat Kumar,Addl.Chief Secy.Dept Of Basic Education,Lko. Counsel for Applicant :- Prem Shankar,Ved Prakash Singh Counsel for Opposite Party :- C.S.C. Hon'ble Chandra Dhari Singh,J.
The petition seeks initiation of proceedings under the Contempt of Courts Act, 1971 against the respondent - contemner for willful defiance of order dated 04.02.2019 rendered in Writ Petition Service Single No.3221 of 2019 (Awardee Teacher Welfare Society, UP and another vs. State of U.P. and others) ". The operative portion of the order reads as under :
"Therefore, without entering into the merits of the issue, Principal Secretary, Basic Education, Lucknow is hereby directed to pass appropriate order on the representation of the petitioner dated 1.5.2017 strictly in accordance with law and also in the light of the recommendation dated 6.8.2017, which is contained as Annexure no. 16 to the writ petition with expedition, say within a period of two months from the date of production of certified copy of the order of this Court.
It has been submitted by learned counsel for the petitioner that since the education session would be expiring on 31.3.2019, therefore, the authorities may be directed to take any suitable decision on or before 31.3.2019.
Since two months period to pass appropriate order is sufficient it is expected that considering the facts and circumstances of the issue the authority concerned would pass appropriate order within reasonable time.
With the aforesaid direction, writ petition is disposed of."
Learned Standing Counsel, on the basis of written instructions, taken on record, has submitted that in compliance to order dated 04.02.2019 passed by the writ court, the respondent - contemner has decided the representation of the petitioner by passing a reasoned and spearing order dated 15.05.2019 by means of which the representation of the petitioner has been rejected.
In view of the above, the order of the writ court has been complied with.
The contempt petition is accordingly dismissed.
However, if the petitioners are aggrieved against order dated 15.05.2019, they may approach the appropriate forum for redressal of their grievance.
Order Date :- 23.5.2019
VNP/-
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