Dr. Rajendra Prakash Vyas And ... vs Sri Devesh Chaturvedi, Addl. ...
2022 Latest Caselaw 9738 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1682 of 2022
 

 
Applicant :- Dr. Rajendra Prakash Vyas And Others
 
Opposite Party :- Sri Devesh Chaturvedi, Addl. Chief Secy. Agriculture Education Govt. Of U.P. Lko. And Others
 
Counsel for Applicant :- Ravi Shanker Tewari
 

 
Hon'ble Manish Kumar,J.

The present contempt petition has been filed for non-compliance of judgement and order dated 18.08.1999 passed in Writ Petition No.836(S/B) of 1994.

Learned counsel for the petitioners has submitted that the petitioners - Association of Research Assistants were working in the Chandra Shekhar Azad University of Agriculture and Technology, Kanpur and for getting the salary in the pay scale as admissible to Assistant Professors a writ petition being Writ Petition No.836(S/B) of 1994 was filed which was allowed vide this court's judgement and order dated 18.08.1999.

It is further submitted that in compliance of the judgment and order dated 18.08.1999, the petitioners have been given the pay scale of equivalent to the post of teacher vide order dated 23.03.2002 after absorbing the petitioners as teacher.

It is further submitted that after about two decades orders dated 14.06.2022 and 16.06.2022 have been passed reviewing its earlier order dated 23.03.2002 and withdraw the benefit given to the petitioners by passing an order in the year 2002 absorbing the petitioner as teacher. It is further submitted that the authorities are not empowered to review or recall its earlier order as there is no such provision under the statute / rules, hence the orders passed are without jurisdiction.

After hearing learned counsel for the applicants / petitioners, I am of the view that whether the order of review passed by the respondents are without jurisdiction or not for that the matter is to be adjudicated on merits and the merits of the order cannot be seen in the contempt proceedings. If the petitioners are aggrieved, they may avail the remedy as permissible under the law. The contempt petition is not maintainable and is liable to be dismissed.

Accordingly, the contempt petition is dismissed.

Order Date :- 8.8.2022

S. Kumar