Contempt application alleging non-payment of salary despite compliance on representation. Standing Counsel granted three weeks time for compliance affidavit. Case listed.
Three weeks time granted for filing compliance affidavit regarding payment of salary.
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Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3378 of 2024
Applicant :- Shri Jagat Bihari Misra Opposite Party :- Shri Sanjeev Kumar Singh, Distt. Inspector Of Schools, Raebareli Counsel for Applicant :- Siddharth Nandwani
Hon'ble Manish Kumar,J.
The learned counsel for the applicant has submitted that the judgement and order dated 28.04.2015 passed by this Court in Writ-A No.6032 of 1999 has not been complied with in letter and spirit.
It is further submitted that the judgement and order dated 28.04.2015 is in two parts, firstly, the direction was issued to the DIOS to decide the representation of the applicant / petitioner, which has been complied with and the same has been decided by the respondent by its order dated 13.09.2024, so as far as the first part of the judgement has been complied with, whereas the second part of the judgememt dated 28.04.2015 provides that till Respondent No.2 takes decision in the matter, the applicant/ petitioner would be allowed to continue in service and pay his salary. The decision has been taken on 13.09.2024 whereas the applicant has not be paid salary since February, 2024, that is the disobedience on the part of Respondent.
It is further submitted that in Para 13 of the order dated 13.09.2024 it has been mentioned that the name of the applicant/ petitioner was not shown in the portal due to which the pay slip had not been issued since February, 2024 and the salary could not be paid.
It is fault on the part of the office due to which the applicant was not getting his salary and no direction or order has been passed by the respondent for payment of arrears of salary to the applicant.
Learned Standing Counsel prays for and is granted three weeks' time for filing compliance affidavit regarding payment of salary
to the applicant since February, 2024 till the date of taking decision on the representation i.e. 13.09.2024.
List this case in the week commencing 18.11.2024, as fresh.
Order Date :- 18.10.2024
S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the respondent complied with the judgment dated 28.04.2015 regarding payment of arrears of salary to the applicant.
1 provisions across 1 enactments
Shri Jagat Bihari Misra
Shri Sanjeev Kumar Singh
Manish Kumar
Senthil Kumar
As recorded by the court registry
6 orders share this CNR
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