Smt. Sapna vs Sunil Dutt, District Basic ...
2023 Latest Caselaw 27042 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190243
 
Court No. - 9
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5530 of 2023
 

 
Applicant :- Smt. Sapna
 
Opposite Party :- Sunil Dutt, District Basic Education Officer And Another
 
Counsel for Applicant :- Pankaj Kumar Srivastava,Astitva Srivastava
 

 
Hon'ble Rohit Ranjan Agarwal,J.

The writ Court on 06.10.2020 in Writ-A No. 18794 of 2018 has passed the following order;

"Heard Sri Pankaj Srivastava, learned Advocate for the petitioner, learned Standing Counsel for the State and Sri A. K. Yadav, learned Advocate for respondent nos. 4.

By means of the present petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 7.8.2018 by which the claim of the petitioner for compassionate appointment has been rejected on the ground she was a married daughter.

This controversy regarding married daughter to set up a claim for compassionate appointment has come to be resolved by division bench judgment of this Court in the case of Smt. Vimla Srivastava v. State of U.P. and another; Writ Petition No. 60881 of 2015 decided on 04.12.2015 which has been followed by other division bench in the case of Neha Srivastava V. State of U.P. and another; Special Appeal Defective No. 863 of 2015 decided on 23.12.2015, against which a Special Leave Petition filed by the State of U.P. being SLP No. 22646 of 2016 has also been dismissed by the Apex Court on 23.7.2019.

Sri A. K. Yadav, could not dispute above legal position and, therefore, in the considered opinion of the Court, the order impugned dated 7.8.2018 cannot be sustained in law and is hereby set aside.

The matter is remitted to the District Basic Education Officer to re-consider the claim of the petitioner in light of the judgments of division benches (supra) and in the event, the petitioner otherwise is found eligible for compassionate appointment, the same shall be offered to her within a period of eight weeks from the date of production of copy of the order along with an application.

The order available on the official website of the High Court shall be taken to be genuine one and certified copy shall be submitted by the petitioner as and when it is issued.

The writ petition stands allowed in terms of above observations and directions."

Compliance affidavit filed today is taken on record.

According to learned counsel for the opposite party, District Basic Education Officer has reconsidered the claim of the applicant and same has been rejected on 30.09.2023, copy of which has been brought on record as annexure No. 1 to the compliance affidavit, and order of writ Court has been complied.

As the order of writ Court was to the extent to reconsider the claim of the applicant which the authority had already done, no case for contempt is made out.

Contempt application is dismissed, accordingly. However, leaving it open to the applicant to assail the order passed by the opposite party before the appropriate forum, if so advised.

Contempt notice stands discharged.

File consign to record.

Order Date :- 4.10.2023

Shekhar