Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3715 of 2019 Applicant :- Mahadeo Yadav Opposite Party :- Tribeni Singh, S.S.P. And 2 Others Counsel for Applicant :- Ram Kirit Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 21.02.2019 passed by this Court in Special Appeal No.219 of 2019 (Mahadeo Yadav v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The petitioner appellant appears to be entitled to revised pay scale of Rs. 5,200-20,200 w.e.f. 1st January 2006 in place of pay scale of Rs. 3,900-5490 despite punishment of reversion which operated between 25th March 2000 to 24th March 2003. The claim of the petitioner appellant to this effect has been rejected by the writ Court.
Learned Standing counsel submits that it would be appropriate, if a fresh order is permitted to be passed by the authority concerned dealing with the above aspect of the matter.
In view of the above, we dispose of the appeal with the direction to the superintendent of Police, Azamgarh to reconsider the grievance of the petitioner appellant afresh in accordance with law and in the light of the observation made herein above most expeditiously, preferably within next two months.
The impugned orders dated 25.1.2019, 25.5.2015 and 8.12.2009 are accordingly set aside and the orders dated 8.9.2009 and 27.5.2015 are quashed.
The appeal is disposed of and the writ petition stands allowed."
It is admitted situation that in response to the aforesaid order, the opposite party has decided the claim set up by the applicant by order dated 26.4.2019. After perusal of the said order, the Court is of the considered opinion that no contempt is made out against the opposite parties under Section 12 of the Contempt of Courts Act. However, present order would not preclude the applicant to agitate his grievance before the appropriate forum.
Consequently, the contempt application stands disposed of.
Notices, if any, stand discharged.
Order Date :- 31.5.2019 SP/