Ghanshyam Verma v. Shri Anuj Singh, Dist. Magistrate / Dist. Program Coordinator, Sitapur

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2850 of 2023 Applicant :- Ghanshyam Verma Opposite Party :- Shri Anuj Singh, Dist. Magistrate / Dist. Program Coordinator, Sitapur Counsel for Applicant :- Shrawan Kumar Verma Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner and Sri Amrendra Pratap Singh, learned Addl. Chief Standing Counsel.

¶2Sri Amrendra Pratap Singh has shown copy of letter dated

03.10.2023 preferred by the District Magistrate, Sitapur addressing to the Chief Standing Counsel of this Court enclosing therewith copy of order dated 23.05.2023 whereby in compliance of the order of the writ court, the petitioner has been reinstated in service with all consequential service benefits, the same is taken on record and a copy thereof has been provided to the learned counsel for the petitioner.

¶3Sri S.K. Verma, learned counsel for the petitioner has stated that, however, the petitioner has been reinstated in service in compliance of the order of the writ court but as per his instructions, neither the petitioner has been paid arrears of salary etc. nor has been paid regular salary.

¶4On that, Sri Amrendra Pratap Singh has drawn attention of this Court towards the letter dated 03.10.2023 of the District Magistrate wherein he has categorically indicated that the petitioner shall be paid his salary with all consequential service benefits.

¶5Be that as it may, when the District Magistrate has passed the order dated 23.05.2023 (supra), the petitioner should have been paid all consequential service benefits and he should have also been paid his regular salary but more than five months' period has passed since 23.05.2023, the petitioner is said to have not been paid his regular salary and consequential service benefits, which is not acceptable. However, learned Addl. Chief Standing Counsel has stated that in compliance of the order of the writ court, the petitioner shall be paid his all consequential service benefits and arrears of salary with expedition.

¶6Having heard the aforesaid submission of Addl. Chief Standing Counsel, it is expected that the petitioner shall be paid his entire consequential service benefits and arrears of salary within two weeks, to be more precise on or before 18.11.2023.

¶7In view of the above, the present contempt petition is dismissed.

¶8Notice is discharged.

¶9However, learned counsel for the petitioner is given liberty to file an application for revival of the present contempt petition immediately after 18.11.2023, if the petitioner is not paid his all consequential service benefits and arrears of salary in terms of the order of the writ court and in that case, if this contempt petition is revived and the fact is noticed that the order of the writ court has not been complied with despite the specific submission being made by the learned Addl. Chief Standing Counsel, any coercive order under the Contempt of Courts Act may be passed against the sole opposite party. [Rajesh Singh Chauhan,J.] Order Date :- 28.10.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench