Disposed¶17

Neelam Pandey and Others v. Ashok Kumar, Secy. Uppsc, Allahabad and Another

Allahabad HC23 Oct 2024CAPL/1340/2024

Case brief

AI extract

What is this about?

Contempt application (civil) disposed as infructuous; compliance affidavit of Secretary, U.P.P.S.C Allahabad; interim order dated 11th October, 2023 in Writ A No. 7434 of 2023 and connected Writ A No. 7625 of 2023 staying advertisement, corrected/modified by order dated 04.10.2023; Director, Ayurved U.P. Lucknow order dated 13.3.2024 blocking 117 Staff Nurse posts; proposal sent to Public Service Commission; selection deferred pending special appeals; connected Contempt Application No. 1200 of 2024; notices discharged; Manish Kumar, J.; Lucknow Bench; order date 23.10.2024; neutral citation 2024:AHC-LKO:71419.

What did the court decide?

Contempt application finally disposed of as infructuous; notices, if any, discharged. ¶17

Neelam Pandey and Others Vs Ashok Kumar, Secy. Uppsc… — Contempt of Court | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Contempt application finally disposed of as infructuous; notices, if any, discharged.

¶17

Issue for consideration

Whether respondent no. 1 has complied with the interim order dated 11th October, 2023 in Writ A No. 7434 of 2023 (as corrected/modified by order dated 04.10.2023), leaving nothing further to adjudicate in the present contempt application.

¶17

Court's answer

After going through the corrected/modified order passed in the writ petition, the order passed by the Director, Ayurved, U.P., Lucknow dated 13.03.2024 and the statement given by respondent no. 1, nothing remains to be adjudicated in the present contempt application; it has become infructuous and stands finally disposed of.

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Ratio / Principle

Notices, if any, issued in the contempt application are hereby discharged.

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Detailed headnote1 paragraphs

CONTEMPT APPLICATION (CIVIL) No. 1340 of 2024 - Neelam Pandey and others v. Ashok Kumar, Secretary, U.P.P.S.C, Allahabad and another (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 17, Manish Kumar, J., order dated 23.10.2024). Respondent no. 1 filed a compliance affidavit and appeared in person. He stated that in Writ A No. 7434 of 2023 (read with connected Writ A No. 7625 of 2023) a modification/correction application was allowed by order dated 04.10.2023, whereby the interim order dated 11th October, 2023 staying the entire advertisement was confined, the error being clerical, to persons with regard to whom petitions/special appeals were pending. Thereafter the Director, Ayurved, U.P., Lucknow by order dated 13.3.2024 blocked 117 posts of Staff Nurse and sent the proposal to the Public Service Commission; no selection is to be made against those posts until the special appeals are decided. Counsel for the applicant in connected Contempt Application No. 1200 of 2024 conceded compliance. Holding that nothing remained to be adjudicated, the Court found the present contempt application infructuous, finally disposed of it, and discharged notices, if any.

¶1

Neutral Citation No. - 2024:AHC-LKO:71419

¶2

Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1340 of 2024

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Applicant :- Neelam Pandey And Others Opposite Party :- Ashok Kumar, Secy. Uppsc, Allahabad And Another Counsel for Applicant :- Shivam Sharma

¶5

Hon'ble Manish Kumar,J.

¶6

The respondent no. 1 has filed an compliance afÏdavit, which is taken on record.

¶7

Shri Ashok Kumar, Secretary, U.P.P.S.C, Allahabad, respondent no. 1, in compliance of the earlier order of this Court, is present and has submitted that in the Writ A No. 7434 of 2023, the modification/correction application has been preferred which was allowed by order dated 04.10.2023. The copy of the order dated 04.10.2023 has been filed as Annexure No. C-1. For convenience, the same is quoted hereinbelow:-

¶8

''Application has been filed seeking modification of order dated 11th October, 2023.

¶9

It has been submitted that in paragraph Nos. 4 and 5 of the order, it has been indicated that in certain cases special appeal are pending before this Court while the advertisement pertains to all the vacancies without consideration of outcome of the special appeal. It is submitted that it is in these circumstances that interim order was passed only to the extent of those persons where special appeals are pending whereas in the order dated 11th October, 2023, the entire advertisement has been stayed.

¶10

Error indicated is clerical in nature and therefore the order dated 11th October, 2023 is corrected/modified to the extent that in paragraph No.9, the interim order staying the advertisement shall be applicable only on those persons with regard to whom petitions/special appeal are pending before this Court.

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The application therefore stands allowed.

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This order shall be read in continuation/modification of the order dated 11th October, 2023 passed in this petition as well as in connected writ A No. 7625 of 2023.''

¶13

It is further submitted that the same correction/modification is to be read in Writ A No. 7625 of 2023.

¶14

He has further stated that after the correction/modification in the interim order, an order has been passed by the Director, Ayurved, U.P, Lucknow dated 13.3.2024 and blocked 117 posts of Staff Nurse and proposal has been sent to the Public Service Commission, in compliance of the interim order of this Court.

¶15

He has further stated that against the 117 posts of Staff Nurse, no selection has been made and the selection will be made on the said vacancies after the decision in the special appeals.

¶16

Learned counsel for the applicant is not present, but Shri S.P. Singh Somvanshi, learned counsel for the applicant in the connected contempt application no. 1200 of 2024, is present and has submitted that the order of the writ court has been complied with.

¶17

After going through the corrected/modified order passed in the writ petition and the order passed by the Director, Ayurved, U.P, Lucknow, dated 13.03.2024 and the statement given by the respondent no. 1, now nothing remains to be adjudicated in the present contempt application has become infructuous hence it stands finally disposed of as such.

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Notices, if any, are hereby discharged.

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Order Date :- 23.10.2024 DiVYa

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Neelam Pandey and Others v. Ashok Kumar, Secy. Uppsc, Allahabad and Another

Case brief

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Neelam Pandey and Others v. Ashok Kumar, Secy. Uppsc, Allahabad and Another

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