Shiv Mangal v. Sri Sudhir Kumar Sharma, Prin. Chief Conservator of Forests, Lko.

Allahabad HC11 Jul 2024CAPL/2630/2024

Case brief

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What is this about?

Contempt application alleging wilful disobedience of a writ court order directing consideration of the applicant's regularization claim on a Class IV post. Fresh affidavit of compliance taken on record showing rejection of the claim; applicant seeks time to file reply with a 2019 letter on supernumerary posts. Case listed afresh.

What the court decided

AI extract

Shiv Mangal vs Sri Sudhir Kumar Sharma, Prin. Chief… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2630 of 2024

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Applicant :- Shiv Mangal

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Opposite Party :- Sri Sudhir Kumar Sharma, Prin. Chief Conservator Of Forests, Lko.

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Counsel for Applicant :- Tushar Bhushan

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Hon'ble Rajeev Singh,J.

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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 28.03.2024 passed on Writ-A No. 1284 of 2023.

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Learned counsel for the applicant submits that as the grievance of the applicant was not being ventilated, he filed Writ-A No. 1284 of 2023, which was allowed vide order dated 28.03.2024 by the writ Court directing the competent authority to take decision on the claim of the applicant-petitioner for regularization on Class IV post within a period of two months from the date of production of a certified copy of the order and permit the applicantpetitioner to continue on Class IV post, on which, he was working till December, 2021, as also to pay his salary regularly every month.

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It is further submitted that the aforesaid order was placed before the competent authority, but the claim of the applicant was rejected in mechanical manner. Learned counsel for the applicant also submits that vide order dated 03.09.2024, this Court, while fixing the matter for today, rejected the earlier affidavit of compliance filed by the respondent with liberty to the respondent to revisit the earlier order dated 27.08.2024 passed by respondent no. 2-Mr. Sanjay Biswal, Divisional Forest Officer, South Kheri Division, Lakhimpur Kheri.

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In pursuance of the earlier order dated 03.09.2024,

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affidavit of compliance filed by Shri Mohit Jauhari, learned Standing Counsel, duly sworn by respondent no. 2, which is taken on record. Learned Standing Counsel submits that after going through the record, the claim of the applicant has been rejected vide order dated 21.09.2024.

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Submission of the learned counsel for the applicant is that it is admitted in the chart annexed with the affidavit of compliance filed today that the applicant worked in various departments of Forest Division. Drawing the attention of the Court towards the letter written by Chief Conservator of Forest, Policy Analysis and Coordinator, U.P., Lucknow dated 14.02.2019 addressed to Chief Conservator of Forest, Human Resources Development, U.P., Lucknow, learned counsel for the applicant vehemently submits that demand was raised for creating supernumerary post for regularization of six employees, in which, name of the applicant also finds place, but even then, the claim of the applicant has been rejected by the respondent. Learned counsel for the applicant, thus, prays for sometime to file reply to the affidavit of compliance.

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A copy of the said letter provided by the learned counsel for the applicant is taken on record.

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Prayer made is allowed.

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List this case on 04.10.2024, as fresh.

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In the meantime, learned counsel for the applicant shall file reply to the affidavit of compliance. He is also directed to annex the aforesaid letter dated 14.02.2019 along with reply.

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The Officer present today, need not to appear on future dates, unless ordered otherwise.

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Order Date :- 24.9.2024 VKS

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

Shiv Mangal v. Sri Sudhir Kumar Sharma, Prin. Chief Conservator of Forests, Lko.

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Shiv Mangal v. Sri Sudhir Kumar Sharma, Prin. Chief Conservator of Forests, Lko.

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