Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3140 of 2021 Applicant :- Chauharya Mishra Opposite Party :- Dr Pradeep Singh,Joint Director Of Education Counsel for Applicant :- Prashant Shukla
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 04.09.2017 passed in Writ A No. 40375 of 2017 (Chauharya Mishra Vs. State of U.P. and 5 Others), which for ready reference is quoted as under:-
"The petitioner has retired from the post of Principal, Sanskrit Mahavidyalaya, Sadat, Ghazipur. It is stated that in the said Institution the education is imparted up to Uttar Madhyama. The petitioner was the Principal of the Institution and he attained the age of superannuation in the year 1996.
The grievance of the petitioner is that the respondents have not added twelve years of services rendered by him in Sarvodaya High School, Harbhujpur, Ghazipur while fixing his pension. Due to the said fact the petitioner claims that there is recurring loss to him.
Learned counsel for the petitioner submits that the petitioner was working in the earlier Institution, hence, his services rendered in the said Institution ought to have been taken into account for the purposes of fixation of his pension.
The petitioner has filed a representation for redressal of his grievance dated 15.11.2016 following by reminder dated 13.3.2017 before the appropriate authority.
I have heard learned counsel for the petitioner and the learned Standing Counsel.
Taking into consideration the facts and circumstances of the case, the writ petition is disposed of by issuing a direction upon the Joint Director of Education, Varanasi Region, Varanasi-respondent no. 2 to consider the cause of the petitioner and pass a reasoned order after furnishing him opportunity expeditiously, preferably within a period of three months from the date of communication of this order.
The petitioner is at liberty to move a fresh representation along with a certified copy of this order before the authority concerned.
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 wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with 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 :- 13.8.2021 Swati