Allahabad High Court
Sahab Deen And Another vs Pradeep Bhatnagar ... on 2 May, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34284
Court No. - 8
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1320 of 2016
Applicant :- Sahab Deen And Another
Opposite Party :- Pradeep Bhatnagar Prin.Secy.Agriculture Edu.Deptt.Lko. And Anr
Counsel for Applicant :- Kripa Shankar Shukla
Counsel for Opposite Party :- Manik Sinha,Uttam Kumar Verma
Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and Shri Uttam Kumar Verma, learned counsel appearing for the respondents.
2. The present application has been filed with following prayer:-
"That for the facts and circumstances stated in the accompanying affidavit, it is most respectfully submitted that though Principal Secretary, Agriculture Education Department, Government of U.P., Civil Secretariat, Lucknow the opposite party no.1 as well as the Vice-Chancellor of Narendra Dev University of Agriculture and Technology, Kumarganj Faizabad, the opposite party no.2 were served with the judgment and order dated 31.03.2016 passed in writ petition No3664 (S/S) of 2002, on 13.05.2016 along with representation of the same date i.e. 13.05.2016, through registered post but they willfully and deliberately did not carry out the directions of this Hon'ble Court and accordingly they have made themselves liable to be punished for committing contempt of this Hon'ble Court."
3. Learned counsel for the applicants submitted that the order of writ court has not been complied in letter and spirit. The applicant No.1 was discharging the duties of Electrician and he was entitled for the minimum pay scale of Rs. 3,050/- and the applicant No.2 was engaged as Mali and he was entitled for Rs. 2550/- from 24.07.2002. He further submitted that the payment has been made by the respondents treating them as a daily wager and they failed to comply the order of the writ court in letter and spirit. Therefore, they may be summoned and punished in accordance with law.
4. Shri Uttam Kumar Verma, learned counsel appearing for the respondents submitted that both the applicants were engaged as a daily wager for discharging the duties as Class-IV employee and the applicant No.1 was never allowed to work as an Electrician and the minimum pay scale of Rs.2550/- has to be paid but due to some inadvertent mistake, some difference has been occurred in paying the salary. Therefore, the difference has been paid to applicant No.1 amounting Rs. 2,72,848 on 30.04.2024 and the applicant No.2 has been paid in two fractions- one of Rs.56,292/- and second of Rs. 3,99,786/- on 01.05.2024. He further submitted that now, nothing is due from the side of University. Therefore, the contempt application is liable to be dismissed. He has also drawn attention of this Court towards compliance affidavit filed on behalf of respondent No.5 duly sworn in by Shri Brijendra Singh, Vice Chancellor, Acharya Narendra Dev University of Agriculture, District-Ayodhya.
5. Considering the arguments of learned counsels for the parties, going through the record and the order passed by the writ court wherefrom it is evident that the order was passed for paying minimum pay scale as well as the affidavit filed by the parties and the supplementary compliance affidavit filed today as also the fact that due amount has already been paid by the university and coupled with the fact that it is an admitted case of the applicants that applicants were initially engaged as a daily wager for performing the work of Class-IV, this Court is of the view that no contempt is made out.
6. Accordingly, the present application is dismissed.
7. However, it is open for the applicants that they can raise their grievance, if any, before the appropriate court/forum.
8. Office is directed to disconnect this petition and list/put up the CONTEMPT APPLICATION (CIVIL) No. - 1214 of 2016 as leading petition in the next week.
Order Date :- 2.5.2024
Raj
