Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1089 of 2021 Applicant :- Roomi Bano Opposite Party :- Sri (Dr) V.K. Sharma, District Inspector Of Schools Counsel for Applicant :- J.P. Singh
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 31.08.2020 passed in Writ A No.6570 of 2020 (Roomi Bano Vs. State of U.P. & 4 Others). The order is reproduced hereinbelow :-
"Petitioner's contention is that the petitioner has filed an application for grant of compassionate appointment inasmuch as her mother- Smt Mohsina, who was employed as 'paricharak' and since she died on 20.01.2019 leaving behind the petitioner, petitioner is entitled to compassionate appointment. It appears from the Aadhar Card, which has been produced on record that the petitioner- Roomi Bano is the wife of Atique Ahmad. Therefore, petitioner is required to show that she was a dependent on the deceased- Smt Mohsina, who herself was granted compassionate appointment on death of her husband- Late Babullah vide order dated 22.05.2006.
In view of such facts, respondents are directed to examine that despite the fact that petitioner is married and prima facie not dependent on the deceased and is about the age of 30 years at the time of death of her mother, whether petitioner is still entitled to grant of compassionate appointment in terms of the policy framed by the State in this regard.
Let this decision be taken by the District Inspector of Schools, Azamgarh within 30 days of receipt of the copy of the order being passed today through a speaking order keeping in mind the orders passed by Hon'ble Supreme Court in case of State of U.P. and Another vs. Neha Srivastava passed in Special Leave to Appeal (C) No. 22646 of 2016. It will not be out of place to mention that the District Inspector of Schools shall also bear in mind the fact in case of Neha Srivastava that her father had died and the fact was that though, Neha Srivastava was a married daughter, but it appears from the discussion that mother was said to be dependent on said married daughter- Neha Srivastava. Whereas in the present case, this is a serial event, when mother was granted compassionate appointment on death of her husband and now compassionate appointment is being sought on the death of the mother with no pleading of any dependency on the mother of the applicant or any of the minor children left behind by the mother.
In above terms, petition is disposed off."
Today when the matter is taken up, it is informed by learned counsel for the applicant that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Swati