Suresh Kumar Tripathi Vs Lalit Kumar Pathak Manager Pt. Nehru Purva Mathyamik Vidh.

Court No. - 5

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4012 of 2012

Applicant :- Suresh Kumar Tripathi Opposite Party :- Lalit Kumar Pathak Manager Pt. Nehru Purva Mathyamik Vidh. Counsel for Applicant :- L.M. Singh Counsel for Opposite Party :- S.C.,K.D.Awasthi

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Hon'ble Surya Prakash Kesarwani,J.

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Rejoinder Affidavit filed today, which has been filed today, is taken on record.

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Heard learned counsel for the parties.

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This contempt application has been filed alleging that the order dated 1.8.2012 in Writ Petition No.37370 of 2012 (Suresh Kumar Tripathi v. State of U.P. and others) has been wilfully disobeyed by the respondent.

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In Writ-A No.37370 of 2012, the applicant- petitioner raised grievance that on getting session benefit he should retire on 30.6.2013, but on the basis of the resolution of the committee of management dated 13.5.2012, his services were terminated on 30.6.2012. According to the applicant, the respondents have not complied with the order of the writ Court dated 1.8.2012.

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Undisputedly, the applicant has retired several years ago. Even as per his allegation he could have continued till 30.6.2013 after getting session benefit. The writ petition is still pending. Under the facts and circumstances of the case, the petitioner cannot be put back in service, since, as per his own allegation and even on getting session benefit he was to retire on 30.6.2013.

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In view of the aforesaid, I do not find any good reason to proceed with this contempt petition further. Therefore, this contempt petition is disposed of .

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It is made clear that this Court has not expressed any opinion on the grievances or claim of the petitioner with regard to the session benefit, since it cannot be done in contempt jurisdiction. The applicant is free to raise all his grievances in the pending writ petition.

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Order Date :- 21.11.2019 Ak/

Suresh Kumar Tripathi v. Lalit Kumar Pathak Manager Pt. Nehru Purva Mathyamik Vidh.

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Suresh Kumar Tripathi v. Lalit Kumar Pathak Manager Pt. Nehru Purva Mathyamik Vidh.

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