Rakesh Kumar Shukla vs Pawan Kumar Tiwari, District ...
2021 Latest Caselaw 7159 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2156 of 2021
 
Applicant :- Rakesh Kumar Shukla
 
Opposite Party :- Pawan Kumar Tiwari, District Basic Education Officer And 2 Others
 
Counsel for Applicant :- Kamal Kumar Kesherwani
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Kamal Kumar Kesherwani, learned counsel for the applicant.

The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 03.11.2020 passed by this Court in Writ-A No. 1576 of 2020 (Rakesh Kumar Shukla vs. State of U.P. and others).

It is contended that the Writ Court vide order dated 03.11.2020 had directed the District Basic Education Officer to re-evaluate the claim for gratuity within three months. Copy of the order of Writ Court was served upon the opposite party on 14.12.2020. The State respondents challenged the order of Writ Court through Special Appeal No. 92 of 2021 and the said appeal was dismissed vide order dated 26.03.2021. It is further contended that the order passed by the Writ Court has not been complied till date.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 03.11.2020 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the order dated 03.11.2020 passed by this Court in Writ-A No. 1576 of 2020 from the date of production of a self verified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.

In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.

With the aforesaid observations, this application is finally disposed of at this stage.

Order Date :- 6.7.2021

Shekhar