Allahabad High Court
Ashok Kumar Singh vs Renuka Kumar Addl.Chief ... on 13 May, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1924 of 2019
Applicant :- Ashok Kumar Singh
Opposite Party :- Renuka Kumar Addl.Chief Secy.Revenue Deptt.Lucknow And Anr.
Counsel for Applicant :- Pramendra Kumar Singh
Hon'ble Alok Mathur,J.
1. Heard Sri Pramendra Kumar Singh, learned counsel for the applicant and Sri Mohit Jauhari, Standing counsel appearing for the opposite parties.
2.It has been submitted by learned counsel for the applicant that by means of order dated 14.3.2014 passed in writ petition No.7295 (S/S) of 2013 this Court while disposing of the writ petition directed Collector, Barabanki to consider the claim of the petitioners and decide the representation as expeditiously as possible in accordance with law.
3. Alleging non compliance of the said order the applicant has preferred contempt petition bearing No.2215 of 2014 which was finally disposed of by means of order dated 13.3.2019 where this Court had recorded its satisfaction with regard to compliance of the judgment and order accordingly the contempt petition were disposed of having become infructuous. This Court further observed that some of the petitioners who have been excluded from the zone of eligibility, are qualified for being given the pay -scale of Rs.8000-13500/-. Such petitioners are given liberty to approach the District Magistrate concerned who shall examine their claims and, if they are found eligible /suitable, they shall also be given the pay scale of Rs.8000-13500/-.
4. Sri Mohit Jauhari appearing for the opposite parties relies upon the supplementary counter affidavit filed by Dr. Adarsh Singh, District Magistrate, Barabanki wherein in paragraph 6 it has been stated that claim of the applicant has been duly considered and decided by District Magistrate, Barabanki by means of order dated vide order dated 18.8.2018 relying on 25th February, 2020. In both the aforesaid orders it has been stated that the persons who are found eligible have been given pay scale of Rs.8000-35000/- while the applicant is found amongst those persons who have not been found eligible and, hence, the same has been denied to him. The list of persons has also been annexed along with the said affidavit.
5. Per contra learned counsel for the applicant submits that according to the Government Order dated 29.10.2018 the applicant has been held to be eligible according to the said Government in second fixation after being granted second promotional pay scale.
6. Considering the rival contentions it is noticed that by means of order dated 13.3.2019 passed in contempt petition bearing No.2215 of 2014 this Court while disposing of the said contempt petition has noticed that the order has been fully complied and the District Magistrate has compiled the order of this Court by passing necessary orders dated 18.8.2018 and 25.2.2020. In case the applicant is aggrieved by the aforesaid orders it is open for him to assail the same before appropriate court/forum. The present contempt petition does not survive and, hence, dismissed.
Order Date :- 13.5.2022 (Alok Mathur, J.)
RKM.
