Allahabad High Court
Virendra Kumar Rai vs Lal Ji Dubey,District Panchayat ... on 10 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:194944
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 866 of 2022
Applicant :- Virendra Kumar Rai
Opposite Party :- Lal Ji Dubey,District Panchayat Raj Officer
Counsel for Applicant :- Jamil Ahamad Azmi,Mohd Umar Farooq
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the parties.
The writ Court on 17.02.2021 in Writ-A No.246 of 2021 has passed the following order :
"Heard learned counsel for the parties and perused the record.
Submission is that the petitioner is entitled to notional increment for the period from 01.07.2018 to 30.06.2019, in light of the judgment of the Madras High Court dated 15.9.2017 passed in Writ Petition No.15732 of 2017 (P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others), against which a special leave petition filed before the Supreme Court has been rejected on 23rd July, 2018.
It is further stated that denial of annual increment to the petitioner, in the facts and circumstances, is wholly arbitrary. It is also urged that various representations made in that regard have not been bestowed any consideration and hence the present writ petition has been filed.
In the facts and circumstances, noticed above, the present petition is being disposed of with a direction upon the respondent no.2 i.e District Panchayat Raj Officer, Azamgarh to accord consideration to petitioner's claim for grant of notional annual increment w.e.f. 01.07.2018 to 30.06.2019, keeping in view the law laid down in the matter, by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order."
From perusal of the order passed by writ Court it is clear that a direction was issued to District Panchayat Raj Officer, Azamgarh to accord consideration to applicant's claim for grant of notional annual increment w.e.f. 01.07.2018 to 30.06.2019.
Pursuant to the order of writ Court, a compliance affidavit has been filed by the opposite party wherein in para 5 it has been stated that on 01.04.2021 an order was passed by opposite party granting one increment as a result of which salary of the applicant was enhanced to Rs.58,600/-. Copy of the order dated 01.04.2021 has been brought on record as Annexure 1 to the compliance affidavit.
An objection has been filed by the applicant to the compliance affidavit filed by the State wherein in para 6 it has been accepted that the order of increment dated 01.04.2021 was rightly passed by the opposite party. Further, various averments has been made that file should not be sent to the Additional Director Pension and two other authorities. However, there is no denial to the fact that an amount of Rs.58,600/- was being paid to the applicant after one increment was awarded and the salary was enhanced.
As the order of the writ Court was only to the extent to accord consideration which the authorities have done and granted one notional increment and the salary having been increased, no case for contempt is made out.
The contempt application is misconceived and hereby dismissed.
Contempt notice stands discharged.
Order Date :- 10.10.2023
Kushal
