Hansa Ram Vs Mr. Ajay Chauhan, Prin. Secy., Public Works Deptt., Lko. and Another — Allahabad HC (2025) — LawSathi Research

Hansa Ram Vs Mr. Ajay Chauhan, Prin. Secy., Public Works Deptt., Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None at the final hearing; the contempt application was dismissed as infructuous and any notice issued stands discharged. (Earlier, by the interim order of 23.07.2025, the delay condonation application was allowed and the order dated 24.05.2024 was recalled.)

Issue for consideration

Whether the cause shown for the delay in filing the recall application was sufficient and the delay should be condoned. +3 more

Court's answer

Cause shown for delay in filing the recall application was deemed sufficient and the delay condoned; the delay condonation application (C.M. Application No. 3 of 2024) stood allowed.

Ratio / Principle

Recall application (C.M. Application No. 4 of 2024) stood allowed and the order dated 24.05.2024 was recalled.

Key takeaways

Salary for the months of June, July and August, 2024 has been paid to the applicant, evidenced by the letter dated 05.08.2025 of the Executive Engineer, Public Works Department, Lucknow taken on record, and the applicant was unable to dispute having received the payment.ratio¶32
In view of the confirmed payment of the disputed salary, the present petition has become infructuous and the contempt application is dismissed as infructuous.ratio¶34
Any notice issued in the matter stands discharged.ratio

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1031 of 2024 (Allahabad High Court, Lucknow Bench; Manish Kumar, J.; decided August 27, 2025) - dismissed as infructuous. The contempt application over alleged non-compliance had earlier been dismissed as infructuous by order dated 24.05.2024 after an affidavit of compliance (sworn by the Engineer-in-Chief (Development) & Head of Department, Rural Road, PWD) recorded compliance with the writ Court order, which the applicant conceded. After the applicant alleged non-payment of salary for June, July and August 2024, this Court on 23.07.2025 condoned the delay in filing the recall application, allowed the recall, and recalled the order dated 24.05.2024, directing written instructions on the unpaid salary. At the resumed hearing, learned Standing Counsel produced a letter dated 05.08.2025 of the Executive Engineer, PWD, Lucknow confirming that the said salary had been paid, taken on record; the applicant conceded receipt, submitting only that payment came with delay. Holding the payment made, the Court found the petition infructuous, dismissed the contempt application as infructuous and discharged any notice issued.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1031 of 2024

Hansa Ram

.....Applicant(s)

Versus

Mr. Ajay Chauhan, Prin. Secy., Public Works Deptt., Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Amrendra Nath Tripathi, Akash Mishra,
	Ramesh Kumar Srivastava
Counsel for Opposite Party(s)	: Neel Kamal Mishra

Court No. - 17

HON'BLE MANISH KUMAR, J.

Heard.

In the present contempt application, the following order was passed by this Court on 23.07.2025:-

"(C.M. Application No. 3 of 2024)

1. This is an application seeking condonation of delay in filing the recall application.

2. Heard learned counsel for the applicant and learned Standing Counsel.

3. Cause shown for delay in the affidavit filed in support of the recall application is sufficient and the same is hereby condoned.

4. Delay condonation application stands allowed.

(C.M. Application No. 4 of 2024)

5. This is an application seeking recall of the order dated 24.05.2024

6. Heard learned counsel for the applicant and learned Standing Counsel.

7. On 24.05.2024, following order was passed.

"1. Shri Sunil Bajpayee, learned Additional Chief Standing Counsel, while filing affidavit of compliance duly sworn by Mr. Vinod Kumar Srivastava, Engineer-in-Chief (Development) & Head of Department, Rural Road, Public Works Department, Lucknow, informs that the order of the writ Court has been complied with. The affidavit of compliance is taken on record.

2. Learned counsel for the applicant also concedes the aforesaid fact.

3. Considering the submissions of the learned Standing Counsel and going through the order of the writ Court as well as contents of the affidavit of compliance, the application stands dismissed as infructuous."

8. Learned counsel for the applicant submits that the salary for the period of June, July and August, 2024 has not been paid to the applicant.

9. Recall application stands allowed. Order dated 24.05.2024 is hereby recalled.

10. List this case on 30.07.2025 within top 10 cases.

CAPL No. 1031 of 2024

2

11. In the meantime, Shri Sunil Bajpayee, learned Additional Chief Standing Counsel shall seek written instructions from Engineer-in-Chief (Development) and Head of Department/Rural Road, Public Works Department, Lucknow that as to why the salary for the months of June, July and August, 2024 has not been paid to the applicant."

Learned Standing Counsel on the basis of instructions received has submitted that the salary for the months of June, July and August, 2024 has been paid to the applicant and in this regard, he placed reliance upon a letter dated 05.08.2025 written by Executive Engineer, Public Works Department, Lucknow, which has been placed before this Court during the course of argument, which is taken on record.

Learned counsel for the applicant has submitted that the salary has been paid with delay but unable to dispute that the applicant has received the payment of salary for the months of June, July and August, 2024.

In view of the aforesaid, the present petition has become infructuous.

Contempt application is dismissed as infructuous.

Notice issued, if any, stands discharged.

August 27, 2025 Ashish

(Manish Kumar,J.)

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