Disposed¶14

Sangeeta Gupta and 4 Others v. Jitendra Kumar ,Additional Chief Secry. Mdhayamik (Secondary) Edu. Lko. U.P.

Allahabad HC4 Mar 2024/67/2022

Case brief

AI extract

What is this about?

Contempt application (CONTEMPT APPLICATION (CIVIL) No. 67 of 2022) alleging non-compliance of writ court order dated 11-08-2021; State Government considered Director, Secondary Education recommendations dated 05-01-2009 and rejected claim (order cited as dated 02-09-2022 by counsel and 02-03-2023 by the court); no wilful disobedience found; contempt petition held not maintainable; disposed of with liberty to approach appropriate forum; contempt notices discharged; Neutral Citation 2024:AHC-LKO:19460; decided 4.3.2024 by Shree Prakash Singh, J.

What did the court decide?

Contempt petition disposed of with liberty to the petitioners to approach the appropriate court/forum; contempt notices discharged. ¶14

Sangeeta Gupta and 4 Others Vs Jitendra Kumar ,Additional Chief Secry. Mdhayamik (Secondary) Edu. Lko. U.P. — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:19460

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Court No. - 19

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 67 of 2022

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Applicant :- Sangeeta Gupta And 4 Others Opposite Party :- Jitendra Kumar ,Additional Chief Secry. Mdhayamik (Secondary) Edu. Lko. U.P. Counsel for Applicant :- Rahul Mishra,Kazim Ibrahim,Shishir Yadav

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the parties.

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The instant contempt petition has been filed for non compliance of the order passed by the writ court dated 11-08-2021.

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Contention of learned counsel for the petitioners is that the opposite party was directed to consider the case of the petitioners in pursuance of the recommendations made by the Director on 05-012009. He added that it's third time; when another ground has been taken; for rejecting the claim of the petitioners.

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Referring the order dated 02-09-2022, learned counsel for the petitioners submits that the claim of the petitioners has been rejected on non-est ground and therefore, there is sheer compliance of the order passed by the writ court.

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On the other hand, Sri Ram Swaroop, learned Standing Counsel appearing for the State has rebutted the aforesaid facts and submitted that there is a direction to the effect that the State Government shall consider the case of the petitioners in pursuance of recommendations of the Director, Secondary Education dated 05-012009 and the compliance order dated 02-09-2022, is evident that the recommendations dated 05-012009 are considered and thereafter, the order is passed and thus, there is no contempt of the order passed by the writ court.

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Considering the submissions of learned counsels for the parties and after perusal of material placed on record, it transpires that vide order dated 1108-2021, the writ court has directed the State

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Government to consider the case of the petitioners in terms of the recommendations dated 05-012009, issued by the Director, Secondary Education. The order dated 02-03-2023 is speaking in terms of the consideration of the recommendations of the Director, Secondary Education and thereafter, the claim of the petitioners has been rejected.

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Since,the order passed by the writ court is to reconsider the case of the petitioners in pursuance of the recommendations of the Director, Secondary Education dated 05-01-2009 and that has been considered and therefore, the present contempt petition is not maintainable so far as the contention of the petitioners is that there is wilful disobedience of the order passed by the writ court.

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In view of above, the contempt petition is hereby disposed off with liberty to the petitioners to approach the appropriate court/forum.

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The contempt notices are hereby discharged.

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Consigned to records.

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Order Date :- 4.3.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sangeeta Gupta and 4 Others v. Jitendra Kumar ,Additional Chief Secry. Mdhayamik (Secondary) Edu. Lko. U.P.

Case brief

What is this about?

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Sangeeta Gupta and 4 Others v. Jitendra Kumar ,Additional Chief Secry. Mdhayamik (Secondary) Edu. Lko. U.P.

Case brief

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What did the court decide?

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What the court decided

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