Surendra Singh Parihar v. Sri Vijay Pal Singh, District Inspector of Schools

Allahabad HC4 Nov 2024CAPL/6826/2024

Case brief

AI extract

What is this about?

Contempt application over non-compliance with a writ court order directing monthly payment of salary plus arrears from November 2023 to a short-term vacancy appointee whose services were terminated. The court held higher authorities' approval was unnecessary, granted a final two-week opportunity to comply or face framing of charges.

What the court decided

AI extract

Surendra Singh Parihar vs Sri Vijay Pal Singh, District… — Contempt of Court | Allahabad HC (2024)

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Court No. - 1

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 6826 of 2024

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Applicant :- Surendra Singh Parihar

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Opposite Party :- Sri Vijay Pal Singh, District Inspector Of Schools Counsel for Applicant :- Rishikesh Tripathi

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Hon'ble Salil Kumar Rai,J.

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In pursuance to the previous order passed by this Court, the District Inspector of Schools, Banda is personally present in the Court and has filed an affidavit which does not disclose compliance of the order passed by the Writ Court. It has been stated in the affidavit that the District Inspector of Schools has sought guidance from his superior officers because of certain orders passed by the Supreme Court regarding payment of honorarium to Assistant Teachers appointed on ad hoc basis.

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It appears from a reading of the order dated 14.05.2024 that the petitioner / applicant was appointed against a short-term vacancy and the dispute in Writ - A No. 5939 of 2024 from which this present contempt application arises was regarding the termination of service of the applicant and the payment which the petitioner was entitled to receive in lieu of his services. The Court vide its order dated 14.05.2024 directed that the petitioner / applicant shall be paid his salary month to month regularly together with the arrears from November, 2023.

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The order dated 14.05.2024 has neither been modified by this Court nor reversed in any appeal filed by the State.

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In view of the aforesaid, the Education Authorities are liable to implement the order dated 14.05.2024 and comply with the order passed by this Court and the implementing authority does not require the assistance and approval of higher authorities for

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complying with the orders passed by this Court.

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A last opportunity is granted to the District Inspector of Schools, Banda, who is the appropriate authority empowered to make the requisite payments, to either comply with the orders passed by this Court within two weeks from today and file a compliance affidavit or he shall be personally present in the Court for framing of charges.

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List again in the additional cause list on 11th December, 2024.

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Order Date :- 26.11.2024 Vipasha

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Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad

Surendra Singh Parihar v. Sri Vijay Pal Singh, District Inspector of Schools

Case brief

What is this about?

What the court decided

Surendra Singh Parihar v. Sri Vijay Pal Singh, District Inspector of Schools

Case brief

What is this about?

What the court decided

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