Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1529 of 2021 Applicant :- Sanjay Kumar Verma Opposite Party :- Mr Brijesh Mishra,District Inspector Ofschools Counsel for Applicant :- Gopal Ji Rai Counsel for Opposite Party :- Kailash Singh Kushwaha
Hon'ble Ajit Kumar,J.
Compliance affidavit alongwith application seeking exemption from personal appearance is filed today and same is taken on record.
Dr. Brajesh Mishra, the District Inspector of School, Ballia is present in person before this Court . He also stated before this Court that current salary of the applicant is being paid, payment of backlog of July, 2021 that has also been cleared and transferred in the account of applicant during the last 48 hours. Learned counsel appearing for the applicant does not dispute the same.
Thus there remains no more any issue regarding current salary and so far issue regarding arrears of backlog salary from February, 2011 to January, 2014, the District Inspector of Schools has submitted that he has already made recommendation for payment to the higher authority, namely, Director Education (Secondary) U.P. Lucknow Sri Vinay Kumar Pandey vide letter dated 5.8.2021 followed by reminder dated 08.08.2021 and 13.8.2021 and he admits before this Court that he has not received any reply in respect thereof.
Sri Vinay Kumar Pandey is stated to be presently posted as Director of Education, Secondary U.P. Camp, Office Lucknow. Let he be impleaded as opposite party no. 2 in present contempt application. Sri B.R.Prasad, Finance Controller, office of the Director of Secondary Education as well as Ms. Anuradha Shukla, Additional Chief Secretary, Secondary be also impleaded as opposite parties in the memo of application. Sri P.K.Giri, learned Additional Chief Standing is directed to accept notice on their behalf and file compliance affidavit by the next date fixed, failing which the Court will be compelled to take serious view of the matter.
It will be open for the opposite parties to take whatever valid defence they want to set up in the compliance affidavit.
As far as personal appearance of the opposite party District Inspector of Schools is concerned, I find merit in submission advanced by learned counsel for the opposite party that at his end he has complied with the order of Writ Court and the matter qua payment of arrears is seized with State Government.
Accordingly exemption application is allowed. Personal appearance of District Inspector of Schools Dri Brajesh Mishra is dispensed with until further orders of this Court.
Put up this matter 22nd September, 2021.
Order Date :- 16.8.2021 Sanjeev