Allahabad High Court
Rekha Singh vs Rakesh Singh on 30 June, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2035 of 2021
Applicant :- Rekha Singh
Opposite Party :- Rakesh Singh
Counsel for Applicant :- Indra Raj Singh,Adarsh Singh
Hon'ble Prakash Padia,J.
This Court is presently working on virtual mode only due to surge in Covid-19 cases.
Heard learned counsel for the applicant.
In view of the order proposed to be passed, notice need not to be sent to opposite party.
The present contempt application has been filed by the applicant before this Court due to non-compliance of the judgement and order dated 15.03.2021 passed in Writ A No.2996 of 2021 (Rekha Singh Vs. District Basic Education Officer and 3 others) by this court. The aforesaid order is quoted below:-
"Heard Sri Indra Raj Sing, learned counsel for the petitioner and Sri Nisheeth Yadav, learned counsel for respondent nos. 1 and 4.
By means of this petition under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus commanding the respondent no. 1 to forward her papers for compassionate appointment to the State Government so that an appropriate decision may be taken by the State Government in the light of observations of District Basic Education Officer in his order dated 27.06.2020 read with Clause 8 of the government Order dated 04.09.2020 qua the age of relaxation in the matters of compassionate appointment.
It is argued that earlier the married daughters were not treated to be dependants for the purpose of compassionate appointment, but in view of the judgment of this Court in Vimla Srivastava v. State of U.P. & others, Writ - C No. 60881 of 2015 decided on 04.12.2015, petitioner became entitled for appointment on compassionate basis being a married daughter and hence she moved appropriate application seeking compassionate appointment on 17.01.2017.
Sri Nisheeth Yadav, learned counsel for the respondents contested the matter on the ground that the compassionate appointment application was moved after much delay even after two years of the judgment in the case of Vimla Srivastava (supra) and therefore, the question of consideration of delay is having material bearing on the claim of the petitioner regarding compassionate appointment.
Be that as it may, since the District Basic Education Officer, Varanasi in its order dated 27.06.2020 has expressed his inability to consider the claim of the petitioner on the ground of delay in making the application for compassionate appointment as power lies with the State Government to relax the delay as per clause 8 of the Government Order, the interest of justice would be served if the District Basic Education Officer is directed to forward the papers of the petitioner regarding compassionate appointment to the respondent no. 2, who shall after receiving the same, forward the same to the competent authority namely the respondent no. 3 to consider and pass appropriate orders. It is expected that the entire exercise of consideration of the claim of the petitioner for compassionate appointment viz a viz exercise of power by the State Government vide clause 8 of the Government Order (supra) shall be concluded and brought to its logical end within a period of three months from the date of production of copy of this order.
It is further provided that this order available on the official website of the High Court will be taken to be the authentic one and the certified copy of the order shall be submitted to the court concerned as and when issued.
This application, accordingly, stands disposed of."
In paragraph 18 of the contempt application, it is stated that a representation along with a certified copy of the aforesaid judgement has been served upon the opposite party on 24.03.2021 and obtained signatures of the concerned clerk on the representation. It is argued that considerable time has already been lapsed but till date no decision has been taken on the same.
In the facts and circumstances of the case and in the interest of justice, one more opportunity has been granted to the answering respondent to comply with the order dated 15.03.2021 passed in the case of Rekha Singh (supra). Hence this petition is disposed of directing the applicant serve a copy of this order along with a copy of present contempt petition upon the opposite party within a period of ten days. If the order is served upon him within stipulated period, the opposite party shall take a decision on the representation within a period of three weeks strictly in accordance with law from the date of production of copy of this order.
Order Date :- 30.6.2021
saqlain
