Raj Narayan Pandey And 72 Others vs Deepak Kumar, Director Of ...
2023 Latest Caselaw 21634 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162477
 
Court No. - 5
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5659 of 2023
 

 
Applicant :- Raj Narayan Pandey And 72 Others
 
Opposite Party :- Deepak Kumar, Director Of Education(Basic)
 
Counsel for Applicant :- Sandeep Pandey,Chandra Kumar
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 28.3.2023 passed in Writ A No. 4844 of 2023 filed by the applicant, the writ Court directed as under:

"Considering the aforesaid fact that as yet no scheme for absorption has been formulated by the State of U.P., the claim of petitioners definitely would arise once such a scheme is formulated. Until and unless the scheme of the State Government is formulated, rights of petitioners cannot be said to have crystalized and as such it cannot be said that the petitioners are fence sitters.

In view of aforesaid, it is provided that in case any scheme is formulated by the State of U.P. for absorption of persons working earlier under the scheme of Non-Formal Education, the claim of petitioners shall also be considered accordingly in terms of the judgment indicated herein-above. In terms of aforesaid, petition stands disposed of."

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 16.4.2023, 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 three month 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 :- 10.8.2023

Pravesh Mishra