Amantullah And Ors. vs Sri Surendra Kumar Tiwari Joint ...
2022 Latest Caselaw 2195 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2085 of 2020
 

 
Applicant :- Amantullah And Ors.
 
Opposite Party :- Sri Surendra Kumar Tiwari Joint Director Lucknow
 
Counsel for Applicant :- Har Nitin Bahadur Sinha
 

 
Hon'ble Vivek Chaudhary,J.

1. Present contempt application is filed claiming that judgment and order dated 04.02.2020 passed in Writ Petition No.2938 (S/S) of 2020 is not complied with.

2. By the judgment and order dated 04.02.2020 this Court directed that representation/claim of the applicants with regard to their being covered by pensionary benefit shall be considered and decided by Joint Director of Education, 6th Region Lucknow after hearing all the parties concerned including the committee of management within three months. In compliance of the said order, representation of petitioners/contempt applicants was not decided within three months, hence, the present contempt petition is filed. During pendency of the contempt petition, compliance of order dated 04.02.2020 is made and a detailed order with regard to claim of petitioners/contempt applicants is passed on 13.02.2021 by the Joint Director of Education, 6th Region, Lucknow. By order dated 13.02.2021 claim of petitioners/contempt applicants is rejected on merits.

3. Learned Standing Counsel submits that compliance of order dated 04.02.2020 is already made. He further submits that the Joint Director of Education, 6th Region, Lucknow has also submitted his unconditional apology for the delay which has caused in deciding the matter.

4. Learned counsel for petitioners/contempt applicants submits that the Court had directed that the matter shall be considered and decided after hearing the committee of management.

5. In the present case, at the time of hearing before the Joint Director of Education, the constituted committee of the college was called instead of committee of management. The purpose while giving direction to hear the committee of management was that in case any further facts are required to be verified the same may be verified by the concerned officer from the committee of management. If at the relevant time, there was dispute in the committee of management and other committee working at that time was called for hearing, suffice compliance of the order is made by calling the said committee and taking its view. There is no other meaning which can be assigned for calling committee of management. Therefore, sufficient compliance of order dated 04.02.2020 is already made and it is always open for the petitioners/contempt applicants to challenge the compliance order passed by Joint Director of Education, 6th Region, Lucknow before appropriate Court/Forum.

6. With the aforesaid liberty, present contempt petition is consigned to record.

Order Date :- 6.5.2022

Arti/-

(Vivek Chaudhary,J.)