Disposed

Ajay Kumar and 6 Others v. Sri Pratap Singh Baghel Secretary Board of Basic Education and Another

Allahabad HC12 Aug 2024CAPL/1655/2024

Case brief

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What is this about?

The court disposed of a civil contempt application where opposite parties had complied with a prior order by permitting applicants to join services. The court held that pursuing remedies against the original order negated wilful disobedience regarding the delay in joining. The claim for salary arrears was directed to be pursued via other legal remedies.

What the court decided

AI extract

Ajay Kumar and 6 Others vs Sri Pratap Singh Baghel… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:163456

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Court No. - 1

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1655 of 2024

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Applicant :- Ajay Kumar And 6 Others Opposite Party :- Sri Pratap Singh Baghel Secretary Board Of Basic Education And Another Counsel for Applicant :- Siddharth Khare Counsel for Opposite Party :- Akanksha Sharma,Yatindra

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Hon'ble Salil Kumar Rai,J.

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In pursuance to the previous order passed by this Court, the Secretary, Board of Basic Education, Prayagraj and the District Basic Education Officer, Moradabad are personally present in the Court and have filed their affidavits stating that the applicants have been permitted to join their services. The orders to that effect have been passed on 10.10.2024 and 14.10.2024.

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As the order of the Writ Court has been complied by the opposite parties, no further orders are required to be passed in the present contempt application.

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It has been argued by the counsel for the applicants that under the orders passed by the Court, the opposite parties were under an obligation to allow the applicants to join within a period of three weeks from the date of the order. However, the applicants have been allowed to join only by order dated 14.10.2024 passed by the concerned District Basic Education Officer. It has been argued that therefore, the applicants are entitled to salary from February, 2024 till date.

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A perusal of the affidavit filed by the opposite parties shows that against the order passed by the Writ Court, Special Appeals were filed by the District Basic Education Officer which were dismissed by order dated 24.04.2024 and subsequently, Special Leave

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Petition was filed before the Supreme Court which was also dismissed by order dated 23.08.2024 passed by the Supreme Court.

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As the opposite parties were pursuing remedies against the order passed by the Writ Court, no wilful disobedience can be imputed to the opposite parties in failing to allow the applicants to join within three weeks as stipulated in the order of the Writ Court. So far as the claim of the applicants for arrears of salary from February, 2024 till the date of their joining is concerned, the applicants may exercise other legal remedy available to them in law. It is not a case to proceed under the Contempt of Courts Act, 1971.

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The contempt application is disposed of .

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Order Date :- 15.10.2024 Vipasha

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Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad

Ajay Kumar and 6 Others v. Sri Pratap Singh Baghel Secretary Board of Basic Education and Another

Case brief

What is this about?

What the court decided

Ajay Kumar and 6 Others v. Sri Pratap Singh Baghel Secretary Board of Basic Education and Another

Case brief

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What the court decided

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