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Ram Naresh Pandey vs Kamlesh Kumar ...

High Court Of Judicature at Allahabad|27 August, 2019

JUDGMENT / ORDER

The present contempt petition has been filed for alleged violation/non-compliance of the judgement and order dated 14.5.2019 passed by the Writ Court in Writ Petition No.1605 of 1991. The Writ Court has disposed of the aforesaid writ petition with direction to the Project Director, District Rural Development Agency, District Faizabad (Ayodhya) to consider the case of the petitioner for regularisation in terms of the U.P. Regularisation of Daily Wages Appointments on Group 'D' Posts Rules, 2001 in view of the fact that the petitioner had been engaged in services prior to 29.6.1990. It was also directed that the petitioner would be entitled for the payment of salary and other emoluments as he was getting prior to dismissal of the Writ Petition on 1.8.2016. The arrears of salary would be payable with effect from 1.8.2016 and the petitioner would also be entitled for regular payment of salary as he was getting prior to 1.8.2016.
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Kamlesh Kumar, Project Director, District Gramya Vikas Abhikaran, Ayodhya has been filed. Along with the aforesaid affidavit, a copy of the decision dated 18.7.2019 taken in the case of the petitioner for regularisation has been placed on record as Annexure No.A-5. From perusal of the aforesaid order, it appears that in compliance of the judgement and order dated 14.5.2019, the petitioner has been paid the arrears of salary of Rs.1,17,114/- and Rs.17,500/- in his account on 15.6.2019 and 1.7.2019 respectively. In respect of the regularisation, it has been said that the petitioner is not entitled for regularisation inasmuch as Rules, 2001 have been superseded and the new Rules, 2016 have come into force and these rules are not applicable in the case of Rural Development Agency.
In view of the aforesaid decision dated 18.7.2019 taken in the case of the petitioner, nothing survives in the present contempt petition, which is hereby dismissed as having become infructuous.
However, if the petitioner is aggrieved by the aforesaid decision dated 18.7.2019 taken in his case, he may approach the competent Court/forum, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 27.8.2019 Rao/-
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Title

Ram Naresh Pandey vs Kamlesh Kumar ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 August, 2019
Judges
  • Dinesh Kumar Singh