Rashmi Ratanam v. Santosh Dev Pandey, District Basic Education Officer, Barabanki

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3931 of 2023 Applicant :- Rashmi Ratanam Opposite Party :- Santosh Dev Pandey, District Basic Education Officer, Barabanki Counsel for Applicant :- Abhishek Dwivedi Counsel for Opposite Party :- Uday Veer Singh Hon'ble Rajesh Singh Chauhan,J.

¶1Heard Sri Abhishek Dwivedi, learned counsel for the petitioner and Dr. Uday Veer Singh, learned counsel for the opposite party.

¶2Dr. Uday Veer Singh, learned counsel for the opposite party has filed affidavit of compliance of Sri Santosh Kumar Dev Pandey, the District Basic Education Officer, Barabanki, today in the Court, the same is taken on record.

¶3Dr. Uday Veer Singh, learned counsel for the opposite party has drawn attention of this Court towards paras-5 and 6 of the affidavit of compliance filed today wherein it has been categorically indicated that the order of the Writ Court has been complied with in its letter and spirit. As per para-6 of the affidavit of compliance, the order dated 12.12.2023 has been passed to release the payment of salary to the petitioner and the same shall be paid to her with expedition. However, the petitioner is being paid her salary month-to-month basis with effect from April, 2023.

¶4In the wake of the aforesaid development, nothing remains to be adjudicated in the instant contempt petition.

¶5Accordingly, the instant contempt petition is dismissed.

¶6Notice, if any, stands discharged.

¶7However, it is made clear that if the petitioner is not released the salary in terms of order dated 12.12.2023 (Annexure No.CA-1) within a period of one month from today or the order of the Writ Court is not complied with in its letter and spirit subsequently, the liberty is given to the petitioner to file an application for revival of the present contempt petition and in that case if it is found that the order of the Writ Court as well as order dated 12.12.2023 have not been complied with, the instant contempt petition would be revived and any coercive order may be passed against the sole opposite party. [Rajesh Singh Chauhan,J.] Order Date :- 13.12.2023 Suresh/ High Court of Judicature at Allahabad, Lucknow Bench