Piyush Srivastava And Ors. vs Pankaj Kumar Mission Director ...
2023 Latest Caselaw 8288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6 of 2020
 

 
Applicant :- Piyush Srivastava And Ors.
 
Opposite Party :- Pankaj Kumar Mission Director National Health Mission And Ors.
 
Counsel for Applicant :- Alok Mishra
 

 
Hon'ble Abdul Moin,J.

Heard.

Admittedly, the petitioners are employees working on outsourcing basis through an agency although working under the National Health Mission of the State Government.

The writ Court vide judgment and order dated 23.09.2019 alleging non-compliance of which instant contempt petition has been filed had provided that without giving proper opportunity of hearing to the petitioners the State authority is not expected to reduce the salary of the petitioners.

The contention is that despite the petitioner being entitled to higher salary they are being paid lower salary and deductions are being made at the behest of the Mission Director in pursuance to the letter dated 10.02.2020.

Responding, Sri Vinayak Saxena, learned Standing Counsel, on the basis of averments contained in the compliance affidavit states that a perusal of the letter dated 04.03.2020, a copy of which Annexure-6 to the compliance affidavit, would indicate that the agency has been required to pay a certain sum of money to the petitioners and the agency itself is paying a lower amount as would be apparent from the order dated 22.11.2019, a copy of which is Annexure-3 to the compliance affidavit. It is also contended that it is only the statutory deductions which are being made from the petitioners and as the petitioners are the employees of the agency consequently there cannot be any occasion for the State Government to have reduced the salary rather once the salary is being paid by the agency as such the State Government has no role in the matter apart from requiring the agency to adhere to the rule of law.

Considering that admittedly the petitioners are the employees working on outsourcing basis with an agency but have been put for working under National Health Mission and the fact that only statutory deductions are being made from their salary and in effect the ultimate payment of salary is to be made by the agency consequently it cannot be said that there is any deliberate and wilful defiance of the order passed by the writ Court.

Considering the aforesaid, the contempt petition is dismissed.

Order Date :- 21.3.2023

A. Katiyar