Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4702 of 2019 Applicant :- Dangar Prasad 10 Others Opposite Party :- T. Venkatesh, Principal Secretary Irrigation Department Counsel for Applicant :- Sanjai Kumar Pandey,Anwar Ali
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 09.01.2019 passed in Writ-A No.56774 of 2014 (Dangar Prasad and others v. State of U.P. & Ors.). For ready reference the order dated 09.01.2019 is quoted as under:-
"In view of the discussion, in the preceding paragraph, the order dated 19.06.2014 is arbitrary, illegal and cannot stand. The order dated 19.06.2014 is quashed.
The matter is remitted to respondent no. 1, Principal Secretary, Irrigation Department, Government of U.P., Lucknow to consider the case of the petitioners in the light of the law laid down by the Hon'ble Supreme Court in the case of Habib Khan (supra) and also after considering the fact that similarly situated employees have been granted such benefits of counting the services rendered in the work charged establishment for grant of benefits under the Government Order dated 02.12.2000.
This exercise shall be completed by the respondent no. 1 within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is allowed."
The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
The Application is totally misconceived and the same is accordingly dismissed. However the applicant is not precluded to agitate his claim before the appropriate forum.
Order Date :- 30.7.2019 A. Pandey