Pawan Kumar vs Sri Lakshman Singh,Assistant ...
2023 Latest Caselaw 9261 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 989 of 2023
 

 
Applicant :- Pawan Kumar
 
Opposite Party :- Sri Lakshman Singh,Assistant Regional Manager
 
Counsel for Applicant :- Rajesh Kumar Singh
 
Counsel for Opposite Party :- Vivek Saran
 

 
Hon'ble Vikas Budhwar,J.

Affidavit of compliance filed today, is taken on record.

Heard Sri Rajesh Kumar Singh learned counsel for the applicant petitioner and Sri Vivek Sharan who appears for the opposite party.

This contempt petition has been filed alleging non-compliance of the judgment and order dated 01.12.2021 passed in writ A No. 15844 of 2021 whereby the writ petition was disposed of with granting liberty to the respondents to consider the case of the petitioner applicant for appointment under dying-in-harness in accordance with rule and give suitable appointment at the discretion of the respondents authority themselves.

This Court on 13.02.2023 directed the learned counsel for the opposite parties to seek instructions pursuant whereto instructions were brought before this Court, however, the Court required the learned counsel for the opposite parties to file it on affidavit.

Perusal of the affidavit of compliance filed today of the Assistant Regional Manager, U.P. State Road Transport Corporation Chitrakoot, Banda dated 26.03.2023 reveals that on 18.08.2022 a complete ban with respect to appointment on compassionate ground has been enforced, however, on 18.08.2022 the State Government itself has accorded relaxation for appointment on compassionate ground pursuant whereto the applicant herein was required to give his consent and the applicant tendered his consent on 02.09.2022 for being considered for appointment on compassionate basis as conductor. It has been further averred in the affidavit of compliance that the name of the applicant for being granted compassionate appointment has been referred to the competent authority and the matter is awaited till date. In a nutshell, according to Sri Vivek Sharan the matter with regard to the grant of compassionate appointment is already engaging attention before the State Government and as soon as a decision is taken then appointment will be accorded to the applicant petitioner.

Sri Singh who appears for the applicant petitioner, on the other hand, submits that the matter is being prolonged on one pretext or the other.

Having heard the learned counsel for the parties this Court finds that no case of contempt is made out against the opposite party particularly when the order of the writ court only required the respondents to consider the claim of the petitioner for being granted compassionate appointment in accordance with the rules and at the discretion of the appointing authorities.

Thus, the contempt petition is being consigned to record requiring the opposite party to take appropriate steps for expeditious disposal of the claim of the applicant petitioner leaving it open to the applicant to again approach in case the order of writ court remains uncomplied with.

Order Date :- 29.3.2023

Rajesh