Susheel Krishan Namdev vs Sanjay Sinha, Secretary And ...
2022 Latest Caselaw 7987 ALL

Citation : 2022 Latest Caselaw 7987 ALL
Judgement Date : 25 July, 2022

Allahabad High Court

Susheel Krishan Namdev vs Sanjay Sinha, Secretary And ... on 25 July, 2022

Bench: Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2819 of 2018
 
Applicant :- Susheel Krishan Namdev
 
Opposite Party :- Sanjay Sinha, Secretary And Another
 
Counsel for Applicant :- Siddharth Khare,Lal Mani Tripathi
 
Counsel for Opposite Party :- Ashok Kumar,Ashok Kumar,Vimal Chandra Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J.

1. Heard Sri Ashish Srivastava, learned counsel for the applicant and Sri Vimal Chandra Mishra, learned counsel for opposite party.

2. It is contended that the order of writ Court dated 18.01.2018 is to the extent that the writ petition was allowed and the order dated 08.01.2016 dismissing the applicant from service was quashed. An affidavit of compliance has been filed on 17.5.2022 bringing on record the order dated 13.05.2022 passed by District Basic Education Officer wherein it has been stated that the applicant has been reinstated in service pursuant to the judgment of writ Court but as he has not worked from 08.01.2016 till 28.02.2020 as such he is not entitled for any salary on the principle of "No work no pay".

3. Learned counsel for the applicant states that as the writ petition was allowed by the writ Court, the consequential effect of allowing of writ petition is that he is entitled for payment of salary during the period for which he was out of service.

4. This Court finds that the writ Court has only allowed the writ petition only to the extent that the authorities have passed the order on 08.01.2016 and the order was quashed. Sitting in contempt jurisdiction this Court cannot do roving inquiry and can only see that whether the order of writ Cort has been complied with or not. In case the applicant is aggrieved by the order dated 13.05.2022, he may either challenge the same before appropriate forum, if so advised, or move modification application before the writ Court for getting the said order modified to that extent. Therefore, no interference in contempt jurisdiction is required.

5. The contempt application is dismissed.

6. Contempt notice stand discharged.

7. File consigned to records.

Order Date :- 25.7.2022

Kushal