Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4193 of 2021 Applicant :- Surjan Lal & Others.
Opposite Party :- Mr.Hemant Kutiyal Counsel for Applicant :- Arvind Kumar Tiwari
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for willful disobedience of the interim order dated 16.08.2021 passed in Writ Petition No.9427 of 2021 (Constable CP Surjan & Others Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard Sri Arvind Kumar Tiwari, learned counsel for the petitioners.
The petitioners by means of present writ petition have challenged the impugned order dated 13.7.2021 passed by fifth respondent/Superintendent of Police, District Balrampur.
Learned counsel for the petitioners that the petitioners were earlier appointed in Indian Army. After attaining the age of superannuation, they were re-employed in U.P. Police in the year 2019. Under the Government Orders, services rendered in Indian Army is liable to be counted for fixation of salary in U.P. Police. By the impugned order dated 13.7.2021 the fifth respondent has directed recovery of excess amount of salary paid to the petitioners. It is next submitted by learned counsel for the petitioner that petitioners hold Class-III post and there was no misrepresentation on his part, and therefore, the benefit of the law laid down by the Apex Court in the case of State of Punjab Vs. Rafiq Masih, 2015 (4) SCC 334 would be applicable.
Matter requires consideration.
Learned Standing Counsel prays for and is granted three weeks' time to file counter affidavit on behalf of State respondents.The rejoinder affidavit, if any, may be filed within one week thereafter.
Having regard to the facts of the case and the submissions made, the recovery in pursuance of the impugned order dated 13.7.2021 shall remain stayed till the next date of listing.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
It is argued that the aforesaid order was duly served upon the opposite party, despite this, the salary of the applicant was deducted in the Month of August, 2021.
Heard learned counsel for applicant and perused the record.
In the facts and circumstances of the case, the present contempt application is disposed of permitting the applicant to serve a copy of this order as well as the order of the Writ Court upon the Superintendent of Police, Balrampur within a period of ten days from today. If the aforesaid orders have been served upon him, the opposite party is directed to comply with the order in its letter and spirit.
Order Date :- 30.9.2021 saqlain Digitally signed by PRAKASH PADIA Date: 2021.10.01 10:35:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad