Kishori Laal And Another vs Mrityunjay Kumar Singh District ...
2023 Latest Caselaw 11962 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2624 of 2022
 

 
Applicant :- Kishori Laal And Another
 
Opposite Party :- Mrityunjay Kumar Singh District Horticulture Officer
 
Counsel for Applicant :- Mohd. Ateeq Khan
 

 
Hon'ble Abdul Moin,J.

Rejoinder affidavit filed today is taken on record.

The contention of learned counsel for the petitioners is that though the instant petition has been filed for non compliance of the interim order passed by the writ Court whereby the writ Court has required the respondents to ensure payment of minimum of pay scale to the petitioners and subsequent thereto a stay vacation application alongwith the counter affidavit has already been filed yet in the similar circumstances, upon a similar plea being taken of the pendency of stay vacation application, the contempt Court while passing an order dated 06.12.2022 in Contempt Application (Civil) No.2511 of 2022 in re: Durgesh Singh versus R.K. Tomar Director Horticulture and Food Processing has rejected the said contempt application and has required the respondents to comply with the interim order. He also states that in pursuance thereof compliance has already been made by the respondents.

However, fact of the matter remains that the Apex Court in the case of Vinay Kumar Pandey versus Committee of Management vide order dated 08.12.2020 in Civil Appeal Nos. 4007-4008 of 2020 has already held that where an ad-interim order has been passed and an appropriate application seeking vacation of that order is still pending for consideration before the writ Court, then unless and until the submissions raised in that application seeking vacation is adequately addressed and rejected, no case for initiation of contempt proceedings can be made out.

Considering the aforesaid judgment of Apex Court in the case of Vinay Kumar Pandey (supra) and even if the respondent may have complied with an interim order passed in similar circumstances yet on the stay vacation application still pending for consideration before the writ Court, as admitted by learned counsel for the petitioner, this Court does not find any reason to continue with the contempt proceedings.

Accordingly, the contempt application is consigned to record leaving it open to the petitioners to file an appropriate application for having the proceedings revived if any order is passed in favour of the petitioners by the writ Court.

Order Date :- 19.4.2023

S. Shivhare