Allahabad High Court
Raja Ram Singh Yadav vs Aryaka Akhoury, District ... on 11 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:195862
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7485 of 2023
Applicant :- Raja Ram Singh Yadav
Opposite Party :- Aryaka Akhoury, District Magistrate
Counsel for Applicant :- Pavan Kumar Srivastava,Ajay Kumar Srivastava
Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 12.09.2022, while disposing of Writ-A No.11312 of 2022, had passed the following order:-
"It is submitted by learned counsel for the petitioners that the second promotional pay-scale was granted to the petitioners. However salary of the arrears from the date of grant of second promotional scale of pay till the date of retirement has not been released by the respondent authority. In the meantime, all the petitioners have retired from service and the petitioners have regularly approaching the respondent for release of arrears of pay-scale arising out of grant of second promotional pay-scale. The petitioners have already represented before the District Magistrate, Ghazipur by means of representation dated 6.12.2021, however till date no order has been passed on the aforesaid representation.
It is submitted by learned counsel for the petitioners that the grievance with regard to release of arrears of pay are required to be considered and decided in accordance with the judgment dated 28.9.2021 passed in Writ-A No.8058 of 2021 (Heeramani Dubey and 23 others Vs. State of U.P. and 4 others).
Learned Standing Counsel submits that the representation of the petitioners dated 6.12.2021 shall be decided by the District Magistrate, Ghazipur in accordance with law within a time frame fixed by this Court.
Considering the facts and circumstances of the case and submission advanced by learned counsel for the parties, it is hereby directed that the representation dated 6.12.2021 of the petitioners before the District Magistrate, Ghazipur, shall be accorded due consideration in accordance with law within a period of two months from the date of production of certified copy of this order.
It is hereby clarified that this Court has not considered the claim of the petitioners on merits and the authority concerned shall pass order in independent exercise of power without being influenced by the observation made by this Court in the present order.
With the aforesaid observation and direction, the writ petition is disposed of."
From the perusal of the aforesaid order, it is clear that a direction was issued to the District Magistrate to decide the representation of the applicant dated 06.12.2021.
Complying the order of the writ Court, the District Magistrate, on 30.11.2022, had decided the representation of the applicant, copy of which has been brought on record as Annexure-12 to the contempt application.
In view of the said fact as the order of the writ Court has been complied with and the representation of the applicant has been decided by the opposite party, present contempt application is rendered infructuous and the same stands dismissed.
However, it is open to the applicant to challenge the order passed by the opposite party before appropriate forum, if so advised.
Order Date :- 11.10.2023
SK Goswami
