Contempt application alleging disobedience of an order directing consideration of a compassionate appointment claim. The Court noted its order was ex parte and the authority had referred the matter to higher headquarters due to limitation; no disobedience was found and the application was dismissed.
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Neutral Citation No. - 2024:AHC:179659
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6033 of 2024 Applicant :- Gaurav Yadav Opposite Party :- Sri Vijay Kumar Maurya, Commandant General And Another
Counsel for Applicant :- Akshansh
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading willful disobedience of the order dated 7.3.2024 passed by this Court in Writ - A No. 3603 of 2024 whereby this Court had directed the District Commandant Home Guards, District Agra to consider the application for compassionate appointment of the petitioner / applicant in place of his father who had died while still in service.
An order dated 29.3.2024 passed by the District Commandant Home Guards, District Agra has been annexed with the contempt application which shows that the elder brother of the petitioner / applicant was offered compassionate appointment vide order dated 5.12.2023 but he did not join the services in pursuance to the aforesaid order and subsequently, the petitioner / applicant filed the application for compassionate appointment. The District Commandant Home Guards, District Agra has noted in his order dated 29.3.2024 that the application of the petitioner / applicant is beyond the five years' limitation prescribed in the relevant Rules. In view of the aforesaid, the District Commandant Home Guards has referred the matter to the Commandant General, Home Guards Headquarter, Uttar Pradesh, Lucknow.
It is noted that the order dated 7.3.2024 was passed by this Court ex parte without giving the State any opportunity to file a counter affidavit. The application of the applicant could not have been considered by the District Commandant Home Guards, District Agra. In view of the aforesaid, no disobedience of the order passed by this Court can be imputed to the District Commandant Home Guards.
In view of the aforesaid, the application is not maintainable and is dismissed as such.
Order Date :- 18.11.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite party willfully disobeyed this Court's order dated 7.3.2024 directing consideration of the applicant's compassionate appointment application.
Gaurav Yadav
Sri Vijay Kumar Maurya, Commandant General
Salil Kumar Rai
As recorded by the court registry
3 orders share this CNR
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