Disposed

Rudrabhan Singh v. Sri Om Prakash Gupta, Deputy Director of Edu. Ayodhya

Allahabad HC21 Oct 2024CAPL/3006/2024

Case brief

AI extract

What is this about?

Court deferred contempt proceedings against Deputy Director of Education as the underlying pension issue is pending in SLP pending before Supreme Court in State of U.P. Vs. Surendra Singh. Respondent confirmed Surendra Singh judgment was not directly relied but similar pension issue is sub-judice.

What did the court decide?

Listed case for hearing on 21.10.2024; respondent to appear; time granted to Standing Counsel to file supplementary counter affidavit comparing Surindra Singh judgment.

Rudrabhan Singh vs Sri Om Prakash Gupta, Deputy Director… — Contempt of Court | Allahabad HC (2024)

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3006 of 2024

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Applicant :- Rudrabhan Singh Opposite Party :- Sri Om Prakash Gupta, Deputy Director Of Edu. Ayodhya

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Counsel for Applicant :- Arunima Shukla

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Hon'ble Manish Kumar,J.

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In compliance of the order of this Court dated 20.09.2024, Shri Om Prakash Gupta, Deputy Director of Education (Secondary), 9th Region Ayodhya is present and filed an application for deferment of the present contempt proceedings as the issue involved in the present case is subject matter in the case of State of U.P. and Ors. Vs. Surendra Singh and another against which a Special Leave Petition (Civil) Diary No. 31221 of 2023 is pending before the Hon'ble Supreme Court in which the contempt proceedings have been deferred by Hon'ble Supreme Court, it is taken on record.

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On being asked a specific query from the respondent i.e. Shri Om Prakash Gupta, Deputy Director of Education (Secondary), 9th Region Ayodhya whether the judgment and order dated 10.05.2024 passed in favour of the applicant has been passed by placing reliance upon the judgment in the case of Surendra Singh (supra) or not, he has replied that the judgment in the case of Surendra Singh (supra) has not been followed in the judgment and order dated 10.05.2024 whereas in the said judgment benefits of two other judgments one passed in special appeal and another in a writ petition has been relied and benefit of those judgments have been given to the applicant.

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On further being asked from the respondent that as to whether those judgments were passed by giving benefit of judgment in the case of Surendra Singh (supra), he has replied that even in that case, the judgment in the case of Surendra Singh (supra) has not been relied but the issue with regard to the payment of pension by giving the benefit of Section 33 (g) of the U.P. Intermediate Education Act, 1921 is the same which is pending for consideration before the Hon'ble Supreme Court.

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Learned Standing Counsel prays for and is granted two days' time to bring on record the judgment in the case of Surendra Singh (supra) by filing a supplementary counter affidavit to show as to whether the issue involved in the present case and in the case of Surendra Singh (supra) is identical.

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List this case on 21.10.2024 amongst top ten cases.

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On that date, the respondent shall again appear in person before this Court.

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In the meantime, learned counsel for the applicant may file the objection against the affidavit filed today, if he so chooses.

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Order Date :- 16.10.2024 Ashish

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

Rudrabhan Singh v. Sri Om Prakash Gupta, Deputy Director of Edu. Ayodhya

Case brief

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Rudrabhan Singh v. Sri Om Prakash Gupta, Deputy Director of Edu. Ayodhya

Case brief

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