Sandeep Kumar v. Shri Vijay Kumar Maurya, Director / Commandant General of Home Guards and Another

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5998 of 2023 Applicant :- Sandeep Kumar Opposite Party :- Shri Vijay Kumar Maurya, Director / Commandant General Of Home Guards And Another Counsel for Applicant :- Shailesh Verma,Aditya Prakash Verma Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 24.11.2022 in Writ-A No. 16652 of 2022 passed the following order:- "Heard learned Counsel for the petitioner and learned Standing Counsel. The present petition has been filed for the following relief: "1. Issue a writ, order or direction in the nature of mandamus directing the respondents to allow the claim of the petitioner and direct the respondents to grant compassionate appointment after relaxing age of five years time to the petitioner as Home Guard in the light of clarification order dated 07.02.2013 in the Government Order dated 27.09.2012 and pay his remuneration with all consequential benefits, within a stipulated time framed, as deem fit and proper in the facts and circumstances of the case." The contention of the Counsel for the petitioner is that the petitioner has moved an application for compassionate appointment which has to be decided in the light of the Government order dated 07.02.2013, however, no decision has been taken till date. Considering the nature of the grievance and the fact that the application of the petitioner is pending consideration, the writ petition is disposed off permitting the petitioner to move a fresh representation, which shall be decided by the authority concerned in the light of the Government Order dated 07.02.2013 and whatever judgments, the petitioner chooses to place. The decision shall be taken within a period of three months from the date of presentation of representation along with certified copy of this order" From perusal of the order, it is clear that applicant was permitted to move a fresh representation which was to be decided by opposite party. Today, a compliance affidavit has been filed wherein it has been stated that order of writ Court has been complied with by opposite party and representation has been decided on 19/21.07.2023. Copy of which has been brought on record as Annexure-1 to compliance affidavit. In view of said fact, as the order of writ Court has been complied with, the contempt application is rendered infructuous and the same stands dismissed. Contempt notice stands discharged. Order Date :- 18.10.2023 V.S.Singh High Court of Judicature at Allahabad