Citation : 2022 Latest Caselaw 3511 ALL
Judgement Date : 19 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1098 of 2021 Applicant :- Pramod Kumar Opposite Party :- Pratap Singh Baghel Secretary U.P.Basic Education Board Andanr Counsel for Applicant :- Shashi Bajpai,Durga Prasad Shukla Counsel for Opposite Party :- Ghaus Beg,Ran Vijay Singh Hon'ble Alok Mathur,J.
1. Heard Sri Durga Prasad Shukla, learned counsel for applicant as well as Sri Ran Vijay Singh, learned counsel for respondent.
2. Learned counsel for respondent submits that order of the writ court dated 21.01.2021 passed in Writ Petition No. 13584 (SS) of 2020 has been complied with and the applicant has been allowed to join in the institution by means of order dated 31.12.2021 passed by District Basic Education Officer, Bahraich.
3. It is noticed that by means of order dated 21.01.2021, writ court had extended the benefit of judgment of Shalu sharma and another Vs. State of U.P. and others passed in Writ -A No. 403 of 2020 wherein a direction was made to the respondents to permit the petitioners to join on the post of Assistant Teacher in Primary School against the Assistant Teacher Recruitment Examination 2018.
4. It is noticed that in compliance of the said order, by means of order dated 31.12.2021, the applicant has been permitted to join on the said post and shall be paid salary from the date of joining,, this Court is satisfied that the order dated 21.01.2021 has been complied with and the applicant has been permitted to join, it cannot be said that the respondent now runs in contempt of the order passed by the writ Court. Accordingly, the contempt petition is dismissed.
5. However, in case the applicant is aggrieved by the order dated 31.12.2021 with regard to payment of salary, liberty is granted to assail the same before appropriate court or appropriate forum.
6. Notices issued are discharged.
(Alok Mathur, J.)
Order Date :- 19.5.2022/Ravi/
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