Allowed

Sri Prakash Tiwari v. Yogendra Nath Singh, Joint Director of Education and Another

Allahabad HC17 Aug 2021CAPL/356/2021

Case brief

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What is this about?

In substitution and contempt applications, the Court allowed party substitution following the applicant's death and disposed of the contempt petition by permitting a fresh representation to the District Inspector of Schools with an express timeline for orders.

What did the court decide?

Substitution of heirs of the deceased applicant allowed; Contempt application disposed of and applicant permitted to submit fresh representation within four weeks.

Sri Prakash Tiwari Vs Yogendra Nath Singh… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 356 of 2021

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Applicant :- Sri Prakash Tiwari Opposite Party :- Yogendra Nath Singh, Joint Director Of Education And Another Counsel for Applicant :- Ashish Kumar Ojha Counsel for Opposite Party :- Praveen Kumar Giri

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Hon'ble Prakash Padia,J.

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Order on the Substitution Application

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This application has been filed by the applicants supported by an affidavit with a prayer for substituting the heirs and legal representatives of the applicant namely Sri Prakash Tiwari who is said to has died on 24.04.2021 reference of which has been made in paragraph Nos. 2 of the affidavit filed in support of the aforesaid application. Learned counsel for the applicant further prays that the word "deceased" be inserted after the name of namely Sri Prakash Tiwari in the contempt application.

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Learned counsel for the opposite party has no objection on the same.

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In the circumstances and for the reasons given in the accompanying affidavit, the substitution application is allowed.

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Let the heirs and legal representatives of deceased applicant namely Droubpadi Devi (wife) and sons Rajeshwar Tripathi and Kamleshwar Triparthi mentioned in paragraph No.5 of the affidavit of substitution application be substituted as applicant nos. 1/1, 1/2 and 1/3 in the contempt application respectively and insert the word "deceased" after the name of Sri Prakash Tiwari in the contempt application.

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Office is directed to made necessary amendment in the array of the parties in the contempt application.

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Order on the Contempt Application

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The applicant is before this Court for a direction to initiate contempt proceeding

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against the opposite parties for willful disobedience of the orders dated 06.09.2018 passed in Writ Petition No.58594 of 2016 (Sri Prakash Tiwari Vs. State of U.P. and others).

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Pursuant to the order of this court, affidavit of compliance on behalf of opposite party has already been filed which is on record.

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It reveals from perusal of the record that pursuant to the order of the Writ Court, a decision has already been taken by the Regional Level Committee headed by Joint Director of Education, Seventh Division, Gorakphur on 24.01.2019.

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It is argued by learned counsel for the applicant that after the aforesaid order, a decision has been taken for providing all consequential benefits as directed by the Writ Court but till date no benefit has been provided to him.

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In this view of the matter, the present contempt application is disposed of permitting the applicant to submit a fresh representation raising all their grievances before the District Inspector of Schools, Kushinagar along with a copy of this order annexing the copy of the necessary papers and documents within a period of four weeks from today. In case, the representation has been filed within the stipulated period, the District Inspector of Schools, Kushinagar shall pass appropriate orders in accordance with law expeditiously and preferably within three months thereafter.

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Order Date :- 17.8.2021/saqlain

Sri Prakash Tiwari v. Yogendra Nath Singh, Joint Director of Education and Another

Case brief

What is this about?

What did the court decide?

Sri Prakash Tiwari v. Yogendra Nath Singh, Joint Director of Education and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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