HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1787 of 2016
Applicant :- Smt. Sunita And Anr.
Opposite Party :- Sri Sanjay Sinha, Sec. Basic Shiksha Parishad And Anr.
Counsel for Applicant :- Paras Nath Singh
Hon'ble Manoj Misra,J.
The grievance of the applicants is that the opposite parties have willfully flouted the order of this Court dated 11.09.2015 passed in Writ-A No.49872 of 2015, which has been served on the opposite parties on 28.09.2015.
Prima facie, a case of willful disobedience of this Court's order dated 11.09.2015 passed in Writ-A No.49872 of 2015 has been made out.
Let notice be issued to the opposite parties returnable by 25.05.2016.
List on 25.05.2016. If by the next date, the opposite parties comply with the order dated 11.09.2015, they need not appear in person and a compliance affidavit would suffice.
A copy of this order shall be sent along with the notice.
Order Date :- 8.4.2016
AKShukla/-
क्या था मामला
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 7
Case :- WRIT - A No. - 49872 of 2015
Petitioner :- Smt. Sunita Devi & Another
Respondent :- State Of U.P. & 2 Others
Counsel for Petitioner :- P.N. Singh
Counsel for Respondent :- C.S.C.,S.K. Gupta
Hon'ble B. Amit Sthalekar,J.
Heard Shri Amit Kumar Singh holding brief of Shri P.N. Singh, learned counsel for the petitioner, Shri Shyam Kishore Gupta, learned counsel for the respondents no. 2 and 3 and Shri Upendra Singh, learned standing counsel for the State respondents.
The petitioner is stated to have been appointed on a Class IV post on compassionate ground but thereafter an order has been passed on 27.7.2013 not to pay salary as the matter is under investigation. The submission is that till date nothing has been indicated as to what is the outcome of the enquiry stated to be still pending as stated in the impugned order.
No useful purpose would be served in keeping this writ petition pending.
This writ petition is therefore disposed of with the consent of learned counsel for the parties with a direction to the respondent no. 2-Secretary, Basic Shiksha Parishad, Allahabad to take a decision with regard to the petitioner for payment of salary and if salary is due to the petitioner the same shall be paid to him.
Such decision shall be taken by the respondent no. 2 within two months from the date of receipt of the certified copy of this order.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 11.9.2015
o.k.
