Raj Bahadur Yadava @ Raj Bahadur Yadav v. Shri Girish Kumar Singh, Distt. Inspector of Schools, Ambedkar Nagar

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3023 of 2023 Applicant :- Raj Bahadur Yadava @ Raj Bahadur Yadav Opposite Party :- Shri Girish Kumar Singh, Distt. Inspector Of Schools, Ambedkar Nagar Counsel for Applicant :- Pawan Kumar Pandey,Shashank Singh Hon'ble Rajesh Singh Chauhan,J.

¶1Heard.

¶2This Court has passed 1.11.2023, which reads as under : "1. Heard learned counsel for the petitioner and Sri Amrendra Pratap Singh, learned Standing Counsel.

¶2Sri Amrendra Pratap Singh has stated that he has received the complete instructions in the matter, therefore, he may be given some reasonable time to file the affidavit of compliance.

¶3List this case on 11th of December, 2023.

¶4On or before 11th of December, 2023, the sole opposite party, namely, Shri Girish Kumar Singh, District Inspector of Schools, Ambedkar Nagar, shall file the affidavit of compliance, making compliance of the order of Writ Court in its letter and spirit, failing which, he shall appear in person on the next date."

¶3Sri Vinayak Saxena has filed affidavit of compliance of Sri Girish Kumar Singh, D.I.O.S., Ambedkar Nagar who is also present in person, same is taken on record.

¶4Sri Saxena has stated that, however, the earlier order was conditional but as abundant precaution the D.I.O.S., Ambedkar Nagar is present in person.

¶5Learned counsel for the parties have informed that the order of the writ court has been complied with and the arrears of the salary of the petitioner has been ordered to be paid. However, the petitioner has not been paid salary for the month of November 2023.

¶6On that the learned Standing Counsel as well as the officer who is present in person has stated that the payment of salary would be made to the petitioner as soon as the required bill is put up before him.

¶7Having considered the aforesaid submission of learned counsel for the parties and the affidavit of compliance, I find no fruitful purpose in keeping this contempt petition pending any longer.

¶8Accordingly, the contempt petition is dismissed.

¶9Notices discharged.

¶10However, it is made clear that the entire dues which has been ordered to be paid to the petitioner shall be credited in his account, if the same has not been credited as yet with expedition preferably within a period of four weeks from today and the petitioner shall also be paid his regular salary in terms of the order of this Court, failing which the liberty is granted to the petitioner to file an application for revival of the contempt petition and if such application is filed and the contempt petition is revived, appropriate coercive order may be passed against the officer under the Contempt of Courts Act. . [Rajesh Singh Chauhan, J.] Order Date :- 11.12.2023 Om High Court of Judicature at Allahabad, Lucknow Bench