Dr. Jasvir Singh Chauhan vs Smt. Aaradhana Shukla, Principal ...
2023 Latest Caselaw 10883 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1341 of 2023
 

 
Applicant :- Dr. Jasvir Singh Chauhan
 
Opposite Party :- Smt. Aaradhana Shukla, Principal Secretary/Additional Chief Secretary, Ayush Anubhag
 
Counsel for Applicant :- Raghwendra Prasad Mishra,Avneesh Tripathi
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Learned counsel for the applicant is permitted to implead new incumbent as opposite party no.2 in the array of parties.

Vide order dated 2.11.2022 passed in Writ A No. 9015 of 2021 filed by the applicant, the writ Court directed as under:

"Following the said two judgments and considering the fact that the impugned order records the only reason for counting the services of the petitioner from 21.07.1993 up to 16.3.2005 being the mandate of Section 2 of the said Ordinance No. 19 of 2020, no useful purpose would be served in keeping the writ petition pending. Accordingly, the writ petition deserves to be allowed. The order dated 09.03.2021 is set aside with direction to the respondents to compute the period w.e.f. 21.07.1993 up to 16.3.2015 as qualifying service for calculating the total qualifying service of the petitioner and the petitioner shall be entitled to payment of pension and other retiral dues on the basis of the said total qualifying services rendered by the petitioner.

The writ petition is allowed in terms of the said order. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 10.11.2022 through registered post, but the opposite party has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie, a case of contempt has been made out for punishing the opposite party for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party to comply with the aforesaid order of the writ Court in its letter and spirit within two months from the date of production of a copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.

The opposite party shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self-addressed envelop within a week thereafter.

With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

Order Date :- 12.4.2023

Rahul Dwivedi/-