Prem Chandra Soni Vs Shri M.Dev Raj, Prin. Secy. Deptt. of Technical Education, Govt. Lko and Others

Neutral Citation No. - 2024:AHC-LKO:55525

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3588 of 2023

Applicant :- Prem Chandra Soni Opposite Party :- Shri M.Dev Raj, Prin. Secy. Deptt. Of Technical Education, Govt. Lko And Others

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Counsel for Applicant :- Shrawan Kumar Verma,Abhineet Jaiswal

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Hon'ble Rajeev Singh,J.

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On 30.07.2024, following order was passed.

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"1. Heard learned counsel for the applicant and learned Standing Counsel.

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This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 18.08.2023 passed on Writ-A No. 6454 of 2022.

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Learned counsel for the applicant submits that the applicant was appointed in the year 1987, after due process of law and his services were regularized by the then Principal Secretary, Department of Technical Education, Lucknow vide OfÏce Order No. 824/16-2-2009-61(W)/01 dated 10.02.2010. Feeling aggrieved, a representation was made by the applicant to the State Government to regularize his services in accordance with the provisions Regularization (3rd Amendment) Rule, 2001, which was considered and a review D.P.C. Committee was constituted by the State Government. The Committee recommended for regularization of the applicant from 1st April, 2024 and formal order No. 2224/16-2-2017-29-(M)/17 dated 11th December, 2018 was issued by the Chief Secretary of the Government of U.P.

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However thereafter, without any formal order, the date of regularization of the applicant was again changed by the concerned ofÏcials vide letter dated 31.12.2020, which is nothing but a correspondence in between the Joint Secretary, Technical Education and the Director, Technical Education, as no formal order was ever issued in that regard. The aforesaid order was challenged by the applicant before the writ Court by means of Writ-A No. 6454 of 2022, which was allowed vide order dated 15.11.2022. The said order was challenged by the respondent in Special Appeal (D) No. 22 of 2023, which was allowed and the matter was remanded back for fresh decision. The writ Court, after considering all the facts and circumstances, passed the interim order dated 18.08.2023, by which, the interim order granted on 27.09.2022 was again revived.

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In pursuance of the directions of this Court, Mr. Ashish Gupta, Principal Headquarter, Technical Education, U.P., Kanpur along with record is present before this Court and informs that no formal ofÏce order has been passed, by which, the date of regularization of the applicant has been changed, which was modified vide aforesaid OfÏce Order dated 11.12.2018. He also accepts that no OfÏce Order for change of date of regularization of the applicant is issued by the State Government.

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List this case on 12.08.2024.

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In the meantime, respondent no. 1 is directed to file fresh afÏdavit of compliance considering the OfÏce Order dated 11.12.2018, failing which, he shall appear before this Court."

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In pursuance of the aforesaid order, Shri Sunil Bajpai, learned Additional Chief Standing Counsel files afÏdavit of compliance duly sworn by the respondent no. 1-Mr. M. Deva Raj, Principal Secretary, Department of Technical Education, Government of U.P., Lucknow, which is taken on record.

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While drawing the attention of the Court towards the order dated 10.08.2024 (Annexure CA 1) passed by Mr. Chiraunji Lal-Deputy Secretary of the concerned Department, Shri Sunil Bajpai informs that the provisional pension has been granted to the applicant and the same shall be executed within two weeks. It is, thus, submitted that as the order of the writ Court has been complied with, the application has lost its efÏcacy and may be dismissed.

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Learned counsel for the applicant also concedes the aforesaid fact.

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Considering the submissions of the learned counsel for the applicant, learned Standing Counsel and going through the order of the writ Court as well as contents of the afÏdavit of compliance, the application stands dismissed as infructuous.

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However, it is open to the applicant to move a recall application, in case, the provisional pension is not provided to him, as aforesaid.

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Order Date :- 12.8.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Prem Chandra Soni v. Shri M.Dev Raj, Prin. Secy. Deptt. of Technical Education, Govt. Lko and Others

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Prem Chandra Soni v. Shri M.Dev Raj, Prin. Secy. Deptt. of Technical Education, Govt. Lko and Others

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