Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5023 of 2012 Applicant :- Rizwan Ullah Ansari Opposite Party :- Sri Brahmanand Tiwari Senior Clerk B.S.A. And Others Counsel for Applicant :- K.M. Asthana Counsel for Opposite Party :- S.C.,Girjesh Tiwari,J.K. Tewari,Sunil Kumar Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Y.K. Narayan holding brief of Sri K.M. Asthana, learned counsel for the applicant and Sri Rohit Verma, learned standing counsel for the respondents.
Rejoinder affidavit filed today, is taken on record.
This contempt application has been filed alleging disobedience of the order of the writ court dated 08.07.2011 in Writ Petition No.40471 of 2010. The writ court merely directed the Assistant Director of Education (Basic), Gorakhpur to consider the claim of the petitioner in accordance with law. Perusal of paragraphs 9 to 13 of the affidavit of compliance dated 03.07.2019 filed by Sri Arun Kumar, District Basic Education Officer, District Kushinagar shows that the order was complied long back in the year 2012. Even payment of a sum of Rs.1,17,492/- has been made to the applicant/ petitioner by cheque dated 31.03.2012. Under the circumstances, the order of the writ court stood complied with.
Learned counsel for the applicant now submits that the petitioner was entitled for payment of a higher amount.
Be that as it may, if the petitioner is aggrieved with the correctness of the order determining the amount payable to him, then appropriate remedy for him to challenge it before the appropriate forum.
In view of the aforesaid, the contempt application is dismissed. Order Date :- 17.12.2019 NLY