Hashim Ali vs Shakuntala Gupta Director, ...
2021 Latest Caselaw 7241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2178 of 2021
 

 
Applicant :- Hashim Ali
 
Opposite Party :- Shakuntala Gupta Director, Directorate Of Local Bodies
 
Counsel for Applicant :- Mata Achal Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 03.02.2021 passed by this Court in Writ Petition No. 9724 of 2017 (Hashim Ali vs. State of U.P. and 2 others).

From the record, it reveals that on 03.02.2021, Writ-A No. 9724 of 2017 was allowed and direction was issued upon the opposite party to reconsider petitioner's entitlement for pension and correctly fix half yearly cycles on the basis of petitioner's length of service which was admitted to the respondents. This exercise was to be completed within two months. The copy of the order was sent to the opposite party by registered post on 15.03.2021, copy whereof has been brought on record as Annexure-3 to the application. Reminder was also sent on 01.04.2021 but till date no decision has been taken.

Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 03.02.2021 passed in the aforesaid writ petition.

However, no notice is issued to the opposite party at this stage. The opposite party is granted four months further time to comply with the order dated 03.02.2021 passed by this Court in Writ Petition No. 9724 of 2017 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 :- 7.7.2021

V.S.Singh