Rajendra Bahadur Singh and 4 Others vs Shri Porala Guru Prasad the Prin. Secy. Deptt. of Revenue Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Rajendra Bahadur Singh and 4 Others vs Shri Porala Guru Prasad the Prin. Secy. Deptt. of Revenue Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Deferment of contempt proceedings granted: application for deferment taken on record; case listed for 14.10.2025 in terms of Court's order dated 1.9.2025; respondent District Magistrate, Pratapgarh (present in person) excused from attending only if a compliance affidavit is filed or favourable orders issue in the review application, else personal presence required.

Issue for consideration

Whether to defer the contempt proceedings to await the outcome of the review application filed on 8.9.2025 on the same subject-matter.

Court's answer

The application for deferment filed on behalf of the respondents was taken on record and, considering that the Special Appeal had already been dismissed on 2.7.2025 and a review application was pending, the Court granted deferment by directing that the case be listed on 14.10.2025 in terms of its order dated 1.9.2025.

Ratio / Principle

Attendance of the respondent (District Magistrate, Pratapgarh, present in person) is dispensed with on 14.10.2025 only if a compliance affidavit is filed or orders are passed in the review application in favour of the respondents; otherwise he must remain present on the next date of listing.

Detailed headnote1 paragraphs

ALLAHABAD HC (LUCKNOW BENCH), Court No. 4 - Contempt Application (Civil) No. 1726 of 2025 (Abdul Moin, J.), 15.09.2025: Rajendra Bahadur Singh & 4 others (Applicants; counsel S.P. Singh Somvanshi, Omanand) vs Shri Porala Guru Prasad, Prin. Secy., Deptt. of Revenue, Lko. & 2 others (Opposite Parties). Applicants allege non-compliance with the judgement and order dated 21.10.2024 passed in Writ A No. 9522 of 2024; the Special Appeal against that judgement (Special Appeal (Defective) No. 139 of 2025) was dismissed on 2.7.2025. Respondents sought deferment of contempt proceedings, contending the point at issue before the writ court (whether service including service rendered as Seasonal Collection Amin can be counted for computation of pensionary benefits) had already engaged the Division Bench in Civil Misc Review Application No. 121 2022 in re: Board of Revenue and others vs Ram Ji Shukla, wherein the Division Bench held that service rendered as Seasonal Collection Amin is not on any temporary or permanent post and consequently cannot be counted, and set aside the judgement of the writ court; a further review application was filed on 8.9.2025. Court took the deferment application on record, listed the case for 14.10.2025 in terms of its order dated 1.9.2025, and conditioned the District Magistrate's (Shiv Sahay Awasthi, present in person) attendance on absence of a compliance affidavit or of orders passed in favour of the respondents in the review application.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1726 of 2025

Rajendra Bahadur Singh And 4 Others

.....Applicant(s)

Versus

Shri Porala Guru Prasad The Prin. Secy. Deptt. Of Revenue Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : S.P. Singh Somvanshi, Omanand Counsel for Opposite Party(s) :

Court No. - 4

HON'BLE ABDUL MOIN, J.

Application for deferment filed today on behalf of respondents is taken on record.

In pursuance to earlier order of this Court Shri Shiv Sahay Awasthi, District Magistrate, Pratapgarh is present.

An application for deferment of contempt proceedings alongwith an affidavit has been filed contending that although Special Appeal filed against judgement and order dated 21.10.2024 passed in Writ A No. 9522 of 2024 alleging non compliance of which the instant petition has been filed has already been dismissed on 2.7.2025 in Special Appeal (Defective) No. 139 of 2025, a copy of which is annexure 1 to the affidavit filed today, yet considering that the point in issue before the writ court which was as to whether the service including service rendered as Seasonal Collection Amin can be taken into account for the purpose of computation of pensionary benefits has already engaged the attention of Division Bench of this Court in Civil Misc Review Application No. 121 2022 in re: Board of Revenue and others vs Ram Ji Shukla and the Division Bench after framing the aforesaid question has held that the service rendered as Seasonal Collection Amin are not on any temporary or permanent post and consequently cannot be counted and set aside the judgement of the writ court.

It is contended that the matter is the same and as a review application has already been filed on 8.9.2025 as such some time may be granted in order

CAPL No. 1726 of 2025

2

to enable him to indicate as to the decision which has been taken in the said review application.

Considering the aforesaid, list this case on 14.10.2025 in terms of order of this Court dated 1.9.2025.

In case compliance affidavit is filed or some orders are passed in review application in favour of the respondents, the respondents who is present today in person need not appear else he shall remain present on next date of listing.

(Abdul Moin,J.)

September 15, 2025

J. K. Dinkar

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