Mohd. Afsar Beg Vs Radha Krishan Dhiman Director Sanjay… — Contempt of Court | Allahabad HC (2025)

Mohd. Afsar Beg Vs Radha Krishan Dhiman Director Sanjay… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether there was wilful disobedience of the judgment and order dated 14.07.2023 in Writ-A No. 902 of 2011 (direction to prepare a fresh seniority list of the Accounts cadre in SGPGI), i.e., whether contempt under Section 12 of the Contempt of Courts Act was made out.

Court's answer

Going through the writ court order and the contents of the affidavit of compliance, this Court held that the order of the writ court has been complied with and no contempt is made out.

Key takeaways

Despite dismissal of the contempt application, it remains open to the applicant to ventilate his grievance, if any, before the appropriate forum.obiter¶¶13

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1320 of 2024 (under Section 12, Contempt of Courts Act) — Mohd. Afsar Beg v. Radha Krishan Dhiman, Director, Sanjay Gandhi P.G. Institute of Medical Sciences, Lucknow (High Court of Judicature at Allahabad, Lucknow Bench, Rajeev Singh J., decided 11.7.2025). Applicant, appointed Assistant Accountant/Computer Operator in 1990 (pay scale Rs.860/-), alleged wilful disobedience of the judgment and order dated 14.07.2023 in the bunch led by Writ-A No. 902 of 2011, wherein the seniority list dated 27.06.2014 was set aside with direction to prepare a fresh seniority list of the Accounts cadre in accordance with law, the observations in the judgment, and the decisions of the President (15.01.2010), Governing Body (06.03.2010), Director (11.10.2010) and Visitor (15.01.2011) within two months. Claiming the seniority list issued on 24.05.2024 placed lower-salaried persons above him, he sought that the respondent be summoned and punished. The respondent relied on an affidavit of compliance asserting the list for Assistant Accountant was prepared on the basis of date of joining. Weighing the submissions and the affidavit of compliance, the Court held the writ court's order had been complied with and no contempt was made out; the contempt application stands dismissed, with liberty reserved to the applicant to ventilate his grievance before the appropriate forum.

Neutral Citation No. - 2025:AHC-LKO:39644

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1320 of 2024

Applicant :- Mohd. Afsar Beg Opposite Party :- Radha Krishan Dhiman Director Sanjay Gandhi P.G. Institute Of Medical Science, Lko. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- Shubham Tripathi

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant and learned Standing Counsel.

This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 14.07.2023 passed in bunch of petitions, leading case bearing number Writ-A No. 902 of 2011.

Learned counsel for the applicant submits that applicant was appointed as Assistant Accountant/Computer Operator in the year 1990 in the pay scale of Rs.860/-. Thereafter, in the year 1998, Accounts cadre was reorganized and the post of Accountant became at par with the AIIMS and benefits for the said post were given to the persons working in the Accounts department in SGPGI. It is further submitted that the benefits to the members of Accounts cadre was also extended with the State Government in the year 1997-98. Thereafter, controversy came up before this Court in several petitions including the petition filed by the applicant. Thereafter, all these petitions were disposed of by setting aside the seniority list dated 27.06.2014 with the direction to prepare fresh seniority list of Accounts cadre in accordance with law and observations made in the judgment, as also the decisions of the President dated 15.01.2010, Governing Body dated 06.03.2010, the Director dated 11.10.2010 and the Visitor dated 15.01.2011 within two months from the date of the order. It is also submitted that the directions issued by the writ

court has not been complied with and the seniority list was issued on 24.05.2024, in which, the persons, those were getting lower salary to the applicant, are placed above him. It is, thus, submitted that the respondent may be summoned and punished accordingly.

Shri Shubham Tripathi, learned counsel appearing for the respondent, while referring to the affidavit of compliance, vehemently opposes the prayer of the applicant and submits that after reorganization of the Accounts cadre in the SGPGI, the seniority list has been prepared for the post of Assistant Accountant on the basis of the date of joining and there is no illegality in the seniority list. It is, therefore, submitted that the order of writ Court has been complied with in letter and spirit.

Considering the submissions advanced by the learned counsel for the applicant, learned counsel appearing for the respondent and going through the order of writ Court and the contents of the affidavit of compliance, this Court is of the view that the order of writ court has been complied with and no contempt is made out.

The contempt application, accordingly, stands dismissed.

However, it is always open to the applicant to ventilate his grievance, if any, before the appropriate forum.

Order Date :- 11.7.2025 VKS

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