Disposed

Manoj Kumar Srivastava v. Mr. Nitin Bansal, Director, Local Bodies, U.P., Lko.

Allahabad HC19 Jun 2024CAPL/2457/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench disposed of a contempt application for non-compliance of a subsequent writ judgment. It rejected the request for deferment based on a different precedent and merely granted time for compliance rather than adjudicating the contempt charged.

What did the court decide?

The application for deferment was rejected; four weeks' time was granted for compliance of the impugned writ judgment.

Manoj Kumar Srivastava vs Mr. Nitin Bansal, Director… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2457 of 2024

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Applicant :- Manoj Kumar Srivastava Opposite Party :- Mr. Nitin Bansal, Director, Local Bodies, U.P., Lko.

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Counsel for Applicant :- Sarvesh Kumar Saxena,Mridula Saxena

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Hon'ble Manish Kumar,J.

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Present contempt petition has been preferred for non compliance of the judgment and order of this Court dated 20.03.2024 passed in Writ A No. 1350 of 2024.

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Learned Counsel for the applicant has submitted that in the writ petition, the order dated 12.05.2023 and 21.03.2022 was under challenged whereby the claim of the petitioner for counting ad-hoc services w.e.f. 07.03.1995 as qualifying service for purposes of payment of pension and other post retiral dues had been rejected.

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The writ petition has been allowed by judgment and order dated 20.3.2024 and quashed the impugned orders therein and observed that the Court is of the view that the applicant's case is squarely covered by the decision of this Court dated 01.12.2021 rendered by this Court in Writ A No. 11333 of 2021 (Badri Narayan Agnihotri Vs. State of U.P. and 3 others). The said order dated 01.12.2021 was upheld by the Division Bench of this Court in Special Appeal No. 375 of 2022, decided on 16.05.2022 and by the Apex Court in Special Leave Petition (Civil) Diary No. 29048 of 2022 ( the State of Uttar pradesh and another Vs. Badri Narayan Agnihotri and others, decided on 21.11.2022 as well as review filed by the State of U.P. as Review Petition No. 36206 of 2023, which had also been dismissed on 22.11.2023.

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It is further submitted that against the judgment and order dated 20.03.2024, a special appeal has been preferred but till date no interim order has been granted and the judgment and order of the Writ Court is still intact and is in existence.

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It is further submitted that the grounds taken in the application for deferment of present contempt proceedings on the basis of order passed in Writ A No. 8968 of 2022 (Dr. Shyam Kumar Vs. State of U.P.), which is not applicable as far as the case of the applicant is concerned, as submitted earlier.

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It is further submitted that the applicant was granted the benefit of the judgment in the case of Badri Narayan Agnihotri and he has already been given benefit.

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In view of the above, the application for deferment of present contempt proceedings is hereby rejected.

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At this stage, learned counsel for the respondent prays for and is granted four weeks' time for compliance of the judgment and order dated 20.03.2024.

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List this case in the week commencing 27.01.2024. In case, the judgment and order dated 20.03.2024 is not complied with by the next date of listing, the respondent no. 2 shall remain present before this Court on the next date fixed.

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Order Date :- 16.12.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Manoj Kumar Srivastava v. Mr. Nitin Bansal, Director, Local Bodies, U.P., Lko.

Case brief

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Manoj Kumar Srivastava v. Mr. Nitin Bansal, Director, Local Bodies, U.P., Lko.

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