Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1356 of 2019 Applicant :- Gorakh Nath Pandey Opposite Party :- O.P. Singh, Director General Of Police And 2 Others Counsel for Applicant :- Satya Prakash Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
Present Contempt Application has been filed alleging wilful disobedience of the order dated 19.7.2018 passed in Writ A No.11143 of 2011 filed by the applicant wherein the Court has allowed the writ petition on the same terms as in Writ A No.30675 of 2013 (Antariksha Singh vs. State of UP and 4 others) wherein the Court directed as under:-
"19. It has been found that for relaxation of delay in considering the application for compassionate appointment 'undue hardship faced by the family of deceased employee' is the relevant consideration and if this factor has not been considered by State Government, then its decision is arbitrary. No question of claim of negative equality as argued by Additional Advocate General in these cases are arising. Case laws of State of U.P. Vs. Rajkumar Sharma, (2006) 3 SCC 330, Fuljit Kaur Vs. State of Punjab, (2010) 11 SCC 455, State of Orissa Vs. Mamata Mohanty, (2011) 3 SCC 436, Commissioner of Police, New Delhi Vs. Mehar Singh, (2013) 7 SCC 685 and State of M.P. Vs. Parvez Khan, (2015) 2 SCC 591 have no application in the present case.
20. In the result, all the aforementioned writ petitions succeed and are allowed. State Government is directed to reconsider the claim of compassionate appointment and relaxation of time limit, deciding 'undue hardship continuing to the family' within period of two months from the date of producing certified copy of this order."
On the matter being taken up today, Shri Devesh Vikram, learned Standing Counsel has placed the order dated 14.5.2019 passed in Special Appeal Defective No.942 of 2018 (State of UP and 4 others vs. Antariksha Singh) whereby a Division Bench of this Court had disposed of the special appeal with following modification:-
"In view of it, we deem it appropriate to modify the directions given by learned single Bench to the extent that case of the respondent- petitioner for compassionate appointment shall be forwarded to the State Government to consider the grant of relaxation as per first proviso to Rule 5 of the Rules of 1974 if any undue hardship has been pleaded with a specific request for relaxation of time period prescribed under the rule concerned by satisfying the requirements of second proviso to Rule 5 of the Rules of 1974.
The appeal with the modification above, stands disposed of."
Considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to consider the claim set up by the applicant and comply with the aforesaid order of the Court within two months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self- addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
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.
Order Date :- 29.5.2019 RKP