Dismissed¶10

Braj Kishor Gupta v. Mr. M. Devraj, Addl. Chief Secy. Vocational and Technical Education, Govt. of U.P. Lko. and Another

Allahabad HC6 Mar 2025CAPL/1792/2024

Case brief

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What is this about?

Allahabad High Court, Lucknow Bench; Contempt Application (Civil) 1792 of 2024; applicant Braj Kishor Gupta; opposite party M. Devraj, Addl. Chief Secretary, Vocational and Technical Education, Govt. of U.P.; counsel Abhishek Dwivedi and Pradeep Chandola; underlying writ judgment Writ A No. 1471 of 2022 dated 12.10.2023; Assured Career Progression (ACP); third A.C.P. non-payment dispute; contempt dismissed as infructuous with liberty; notice discharged; decided 6.3.2025 by Hon'ble Manish Kumar, J.; neutral citation 2025:AHC-LKO:13805.

What did the court decide?

Dismissal of the contempt application as infructuous, with liberty to the applicant to avail remedies permissible under the law if still aggrieved. ¶10

Braj Kishor Gupta Vs Mr. M. Devraj, Addl. Chief Secy. Vocational and Technical Education, Govt. of U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:13805

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1792 of 2024

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Applicant :- Braj Kishor Gupta Opposite Party :- Mr. M. Devraj, Addl. Chief Secy. Vocational And Technical Education, Govt. Of U.P. Lko. And Another

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Counsel for Applicant :- Abhishek Dwivedi,Pradeep Chandola

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Hon'ble Manish Kumar,J.

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The present contempt application has been preferred against the alleged non-compliance of the judgment and order dated 12.10.2023, passed by the writ court in Writ A No. 1471 of 2022. The relevant extract of the said judgment is quoted hereinbelow:-

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"46. Orders pertaining to and actual payment of same shall be made within a period of six months from the date a copy of this order is produced before the opposite parties. The period of ad hoc service of petitioner shall be calculated for the purposes of qualifying service. The petitioner shall also be entitled to the same Selection Grade payscale under Assured Career Progression issued from time to time by Government Orders and the post-retiral benefits shall be computed after fixing the salary on revised pay-scales under the Assured Career Progression Schemes. It is made clear that petitioner shall not be entitled to arrears of salary."

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Learned counsel for the applicant has submitted that the judgment and order passed by the writ court has been complied with and except for some dispute regarding the non-payment of the third A.C.P, for all other practical purposes, the present contempt application has become infructuous and the same may be dismissed as infructuous, but liberty may be given to the applicant, if he is still aggrieved, he may be permitted to avail the remedy as may be permissible under the law.

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As such, the present contempt application is dismissed as infructuous with the aforesaid liberty.

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Notice, if any, stands discharged.

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Order Date :- 6.3.2025 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Braj Kishor Gupta v. Mr. M. Devraj, Addl. Chief Secy. Vocational and Technical Education, Govt. of U.P. Lko. and Another

Case brief

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Braj Kishor Gupta v. Mr. M. Devraj, Addl. Chief Secy. Vocational and Technical Education, Govt. of U.P. Lko. and Another

Case brief

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