Dismissed

Pradeep Kumar Pandey v. Narendra Dev Pandey, District Inspector of School

Allahabad HC22 Sept 2023CAPL/5316/2022

Case brief

AI extract

What is this about?

Application seeking punishment for non-compliance with a writ order directing a Sanskrit institution's inspector to approve an appointment was dismissed. The court found the opposite party had complied with the writ order by deciding the representation by 04.11.2022.

What did the court decide?

Contempt application dismissed and contempt notice discharged due to compliance of the writ order.

Pradeep Kumar Pandey Vs Narendra Dev Pandey… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184424

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Court No. - 9

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 5316 of 2022

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Applicant :- Pradeep Kumar Pandey Opposite Party :- Narendra Dev Pandey, District Inspector Of School

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Counsel for Applicant :- Ram Sevak Yadav

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Hon'ble Rohit Ranjan Agarwal,J.

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List has been revised.

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No one is present on behalf of the applicant to press the application, however, learned Standing Counsel is present.

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The writ Court while disposing off Writ-A No. 25680 of 2018 on 05.12.2018 passed the following order;

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"Petitioner claims to have been appointed as Lecturer (Sahitya) in 'Shri Vashnav Bhagwan Deshraj Suri Adarsh Sanskrit Mahavidhyalaya, Udaybhanpur, Kolhuwa, Jaunpur'. It is alleged that the vacancy was duly advertised and thereafter by following the procedure laid down in law, petitioner has been offered appointment. Papers have also been submitted for grant of approval on which a decision is yet to be taken and hence the writ petition.

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Learned Standing Counsel points out that the procedure for making appointment in Sanskrit institution has been laid down in the Government Order dated 21.4.1998 and since prior approval of the Inspector has not been obtained, as such, no financial approval to the selection of the petitioner as Assistant Teacher could be granted.

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Be that as it may, this Court finds that a decision, at the level of respondent no.2, is yet to be taken in the matter.

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It goes without saying that once papers have been sent to the Inspector, he is supposed to take a decision in the matter, in accordance with law, keeping in view the Government Order dated 21.4.1998. The required consideration shall be made within a period of three months from the date of presentation of certified copy of this order and a reasoned order would be passed after affording of an opportunity of hearing to respondent no.3.

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With the aforesaid observation, writ petition stands disposed of."

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From perusal of the order of writ Court, it transpires that direction was issued to the opposite party to accord consideration to the representation of the applicant and take a final call.

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Pursuant to the order of writ Court the opposite party on

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04.11.2022 had decided the representation of the applicant, copy of which has been brought on record as annexure No. 1 to the compliance affidavit.

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As the order of writ Court has been complied by the opposite party, contempt application stands dismissed.

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Contempt notice stands discharged.

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File consign to record.

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Order Date :- 22.9.2023 Shekhar

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Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad

Pradeep Kumar Pandey v. Narendra Dev Pandey, District Inspector of School

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Pandey v. Narendra Dev Pandey, District Inspector of School

Case brief

What is this about?

What did the court decide?

What the court decided

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