Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1497 of 2021 Applicant :- Manish Kumar Singh And 3 Others Opposite Party :- K. Ravindra Nayak Commissioner Counsel for Applicant :- Jamil Ahamad Azmi Counsel for Opposite Party :- Vineet Pandey
Hon'ble Prakash Padia,J.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 08.12.2020 passed in Writ A No.10425 of 2020 (Manish Kumar Singh and 3 others). The order is reproduced hereinbelow :-
"Supplementary affidavit filed today is taken on record.
By means of present writ petition, the petitioner has prayed for following substantial reliefs:
"a. a writ order of direction in the nature of mandamus commanding and directing the respondent no. 2 to determine the seniority list of the petitioners according to Rule 5 of " U.P. Government Servants Seniority Rules 1991"
b. a writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide the objections of the petitioners before finalizing the Seniority list of "Gram Vikas Adhikari" for the year 2020."
It is argued by the learned counsel for the petitioner though objections have been invited to the provisional seniority list vide order dated 07th September, 2020 and petitioner has filed his objection on 11.09.2020, however same has remained undisposed off till date.
It is argued by the learned counsel for the petitioner that if the respondents have not determined the seniority list and yet are proceeding to make promotion to the higher post.
Learned Standing Counsel submits that the argument raised is ill- founded as the respondents would first determine the seniority and then will proceed to make promotion, otherwise the provisional seniority list would not have been published inviting objections. He submits that there is no occasion to proceed for promotion before finalizing seniority list.
In view of aforesaid, the writ petition is disposed of at this stage with direction to respondent no. 3 to consider and decide the objection of the petitioner and all such other objections as raised by other employees in respect of the provisional seniority list, which has been published and appropriate seniority list shall be decided as expeditiously as possible preferably within period of 30 days"
Today when the matter is taken up, an affidavit of compliance has been filed by Shri Vineet Pandey, learned counsel for the opposite party, the same is taken on record. In paragraph-8 of the aforesaid affidavit it is stated that an order has already been passed by the opposite party deciding the case filed by the applicant, copy of the same is appended as Annexure-2 to the compliance affidavit. Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous. Order Date :- 29.7.2021 Pr/-