The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 14.07.2017 passed in Writ A No.27399 of 2017 (Abhishek Kumar Yadav Vs. State of U.P. & 2 Others). The aforesaid order is quoted below:-
"The petitioner claims that he is adopted son of late Kamta Prasad Yadav, who was Headmaster in Primary school, Kotwalpur, district Jaunpur. He unfortunately died on 13.7.2009 while in harness. The petitioner claims that his father has nominated him and his mother as nominee in the G.P.F. account. A copy of nomination in the G.P.F. of the deceased employee is on record as annexure-8 to the writ petition.
The petitioner further claims that he has essential qualification for appointment to class III post. It is stated that repeated representations for appointment of the petitioner on compassionate ground were made but of no avail.
The only prayer made by the counsel for petitioner is that his representation be considered by the appropriate authority.
I have heard learned counsel for the petitioner, learned standing counsel and Sri Mrigraj Singh appearing for respondent no. 2 and 3.
Taking into consideration entire facts and circumstances of the case, in my view, the ends of justice would be subserved by issuing a direction upon the second respondent to consider cause of the petitioner and pass appropriate orders in accordance with law expeditiously preferably within a period of three months from the date of communication of the order.
With the above direction, the writ petition stands finally disposed of. No order as to costs."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Swati