Disposed

Abdul Mabood Rizvi v. Arun Kumar Basic Shiksha Adhikari, Shiksha Bhawan, Lko. and Another

Allahabad HC16 Dec 2024CAPL/3571/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench disposed of a contempt petition and recalled a bailable warrant. The court accepted the respondent's statement that gratuity was paid and insurance would be paid within four weeks, noting the applicant could seek further recourse if delayed.

What did the court decide?

Recall of the order passing bailable warrant; discharge of notices issued against respondents; disposal of contempt petition.

Abdul Mabood Rizvi Vs Arun Kumar Basic Shiksha Adhikari… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83956

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3571 of 2023

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Applicant :- Abdul Mabood Rizvi Opposite Party :- Arun Kumar Basic Shiksha Adhikari, Shiksha Bhawan, Lko. And Another Counsel for Applicant :- Mohd.Saulat Wasim,Saleem Ahmad Khan,Sapna Srivastava Counsel for Opposite Party :- Pradeep Tiwari

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Hon'ble Manish Kumar,J.

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(IA/06/2024)

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The recall application has been preferred by the Respondent No.3 Sri Ram Pravesh, Basic Siksha Adhikari, Lucknow for recalling the order dated 04.12.2024 whereby the bailable warrant was issued against the Respondent No.3 as he had not responded to the notice issued against him by the contempt court, which was served upon him on 1.12.2024.

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The Respondent No.3 is present today.

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The reasons shown in the affidavit filed alongwith the recall application is satisfactory.

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The order dated 04.12.2024 is hereby recalled.

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(Order on contempt application)

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The present contempt petition has been preferred for noncompliance of the judgement and order dated 24.03.2023 passed in Writ-A No.2431 of 2023, the relevant extract of the order is quoted hereinbelow:

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"Without entering to the merits of the case, the opposite party Nos.2 and 3 are directed to consider the grievance of the petitioner with regard to the non-payment of insurance claim and gratuity due to the wife of the petitioner expeditiously within a period of six weeks from the date of production of a certified copy of this order in accordance with law."

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Learned counsel for the applicant has submitted that in compliance of judgement and order dated 24.03.2023 till date no payment has been made and the order passed by the writ

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court has not been complied with.

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On the other hand learned counsel for Respondent No.3 has submitted that an order has already been passed on 3.7.2023 by the then District Basic Education Officer for payment of gratuity and insurance claim in favour of the applicant and in pursuance thereof the amount of gratuity has already been credited in the account of the applicant on 7.12.2024 and the insurance claim is expected to be credited at the most within a maximum period of four weeks.

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At this stage, learned counsel for the applicant has submitted that only the amount of gratuity has been credited in the account of the applicant and the insurance claim is left to be credited, hence the judgement and order passed by the writ court has not been complied with.

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On being asked where is the direction issued by the writ court for ensuring payment, learned counsel for the applicant has submitted that the direction is only for consideration of the grievance and there is no direction for payment and in compliance of direction issued by the writ court the grievance of the applicant has already been decided in his favour.

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At this stage, Respondent No.3 has made a statement before this Court that the payment of gratuity has already been made and insurance claim will also be made within a maximum period of four weeks.

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In view of the facts, discussion and statement given by Respondent No.3 hereinabove, the present contempt petition is disposed of.

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The notices issued against the respondents is hereby discharged.

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However, the applicant is at liberty to move an application in case the payment of insurance claim is not made within the period as stated by Respondent No.3 before this Court.

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Order Date :- 16.12.2024 S. Kumar

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

Abdul Mabood Rizvi v. Arun Kumar Basic Shiksha Adhikari, Shiksha Bhawan, Lko. and Another

Case brief

What is this about?

What did the court decide?

Abdul Mabood Rizvi v. Arun Kumar Basic Shiksha Adhikari, Shiksha Bhawan, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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