Bindo Singh vs Sri Rakesh Kumar, District Inspector of Schools and 2 Others

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1930 of 2025

Applicant :- Bindo Singh Opposite Party :- Sri Rakesh Kumar, District Inspector Of Schools And 2 Others Counsel for Applicant :- Ramesh Chandra Dwivedi

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Hon'ble Neeraj Tiwari,J.

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

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The case was heard on 26.05.2025 and the Court has passed the following order:

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"1. Heard learned counsel for the applicant and learned standing counsel for State.

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2. Case was heard on 25.04.2025 and Court has passed following order;

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"The present contempt application has been filed pleading willful disobedience of the order dated 9.7.2024 passed by this Court in Writ-A No. 7741 of 2024.

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It has been stated that no orders have yet been passed by the opposite parties.

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Issue notice to the opposite parties fixing 26.05.2025 on which date the opposite parties shall either file a compliance affidavit indicating full compliance of the order passed by the Writ Court or shall be personally present in the Court.

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List in the daily cause list on 26.05.2025. "

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3. Pursuant to order dated 25.04.2025, Sri Rakesh Kumar, District Inspector of Schools, Jaunpur and Sri Ram Sharan Singh, Joint Director of Secondary Education, Varanasi Region, Varanasi are present before the Court along with affidavit. In the affidavit, it is stated that now order has been complied with and current salary has also been paid.

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4. Learned counsel for the applicant seriously objected and submitted that Writ Court has passed order dated 9.7.2024 for payment of current salary whereas salary of month of March, 2025 has only been paid. He next submitted that it is required on the part of opposite parties to pay current salary from the date of order of Writ Court.

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5. I have perused the affidavit. Being confronted by the Court, learned standing counsel submitted that current salary was paid only from the month of March, 2025. I have also perused the order of Writ Court dated 9.7.2024. From perusal of same, it is required on the part of opposite parties to pay current salary from the date of order of Writ Court. It cannot be left upon the

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whims and fancies of officer to make of payment of current salary from the date of his order.

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6. When the Court was inclined for framing of charges, learned standing counsel submitted that they may be granted some time for payment of current salary from the date of order of Writ Court.

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7. On his request, list this case on 14.07.2025.

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8. On that, Sri Rakesh Kumar, District Inspector of Schools, Jaunpur and Sri Ram Sharan Singh, Joint Director of Secondary Education, Varanasi Region, Varanasi are directed to pay current salary from the date of order and file affidavit to this effect. In case, payment is not made as directed by Writ Court as well as this Court, they shall remain present before the Court on the next date for framing of charges. "

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Today, Sri Rakesh Kumar, District Inspector of Schools, Jaunpur- opposite party no. 1 is present before the Court and has filed affidavit, which is taken on record.

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Based upon affidavit, he submitted that he has written letter dated 6.6.2025 to Director of Education, (Secondary) U.P., Lucknow for allocation of funds, which is to be paid to applicant and after receiving the same, payment shall be made to applicant.

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Under such facts of the case, applicant is permitted to implead "Dr. Mahendra Dev, Director of Education, (Secondary) U.P., Lucknow as opposite party no. 4" during the course of the day.

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List this case on 28.07.2025.

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Opposite parties are directed to file affidavit of full compliance of order of Writ Court on the next date fixed, failing which, they shall remain present before the Court for framing of charges.

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Order Date :- 14.7.2025 Arvind

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Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad

Bindo Singh v. Sri Rakesh Kumar, District Inspector of Schools and 2 Others

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Bindo Singh v. Sri Rakesh Kumar, District Inspector of Schools and 2 Others

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