Kavita Sharma vs Dr. Rakesh Kumar Principal Secry. ...
2022 Latest Caselaw 238 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4330 of 2011
 

 
Applicant :- Kavita Sharma
 
Opposite Party :- Dr. Rakesh Kumar Principal Secry. Basic Education
 
Counsel for Applicant :- Avnish Kumar Srivastava,Ashok Kumar Singh Bais,Shri Krishna Mishra,Sudhir Kumar,Virendra Kumar Jaiswal
 
Counsel for Opposite Party :- S.C.
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the applicant and perused the record.

The applicant has preferred the present contempt petition for violation of the judgment and order dated 17.5.2011 passed in Civil Misc. Writ Petition No.27661 of 2011; Kavita Sharma Vs. State of UP and others. The order dated 17.5.2011 reads as follows:-

"Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Matterial facts, which could demonstrate that the petitioner has actually worked in the month of November, 2008, January, 2009, and February, 2010 to December, 2010 are wanting and therefore, there cannot be any mandamus for payment of salary for the said period on the principle of 'No work, No Pay'. However, no final opinion is being expressed in the matter by this Court, inasmuch as petitioner may have an opportunity to lead such evidence and produce such documents in respect of his actual working before respondent no.1.

Accordingly, the present writ petition is disposed of by providing that the petitioner may make a representation, ventilating all his grievances, supported by such documents as may be advised, before respondent no.1, within two weeks from today, along with a certified ocpy of this order. On such representation being made, respondent no.1 shall consider and decide the same, in accordance with law, by means of a reasoned speaking order, preferalby within eight weeks from the date the representation is made."

It is argued by learned counsel for the applicant that the aforesaid order was duly served by the applicant in the office of opposite party namely Principal Secretary, Basic Education, Government of UP, Lucknow, but till date the aforesaid order has not been complied with. Subsequently, various impleadment applications were filed from time to time, but till date the order passed by this Court has not yet been complied with.

In the circumstances, learned Chief Standing Counsel is directed to seek instructions in the matter from Principal Secretary (Basic Education), UP Government, Lucknow within three weeks from today.

Put up this matter again on 18.4.2022, in the additional cause list.

Office is directed to provide copy of this order to the Chief Standing Counsel within a week from today.

Order Date :- 31.3.2022

S.K.S.