Ajay Kumar Dixit vs Shri Manoj Kumar Dwivedi, Joint Director of Secondary Education Kanpur Region and Another — Allahabad HC (2025) — LawSathi Research

Ajay Kumar Dixit vs Shri Manoj Kumar Dwivedi, Joint Director of Secondary Education Kanpur Region and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings kept pending and listed on 15.07.2025; Sri Arun Kumar (DIOS, Kanpur Nagar) and Sri Manoj Kumar Dwivedi (Joint Director of Secondary Education, Kanpur Region) directed to pay current salary from the date of the Writ Court order and file an affidavit to that effect; on failure, they shall remain present for framing of charges.

Issue for consideration

Whether the opposite parties have willfully disobeyed the order dated 9.7.2024 passed by this Court in Writ-A No. 8116 of 2024 by failing to pay current salary from the date of that order. +1 more

Court's answer

Sri Arun Kumar, District Inspector of Schools, Kanpur Nagar, and Sri Manoj Kumar Dwivedi, Joint Director of Secondary Education, Kanpur Region, are directed to pay current salary from the date of the order and file an affidavit to that effect; if payment is not made as directed by the Writ Court as well as this Court, they shall remain present before the Court on the next date for framing of charges.

Ratio / Principle

It is required on the part of the opposite parties to pay current salary from the date of the order of the Writ Court; making such payment cannot be left to the whims and fancies of the officer.

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1949 of 2025, High Court of Judicature at Allahabad (Neeraj Tiwari, J.), order dated 27.5.2025: Alleging willful disobedience of the Writ Court order dated 9.7.2024 in Writ-A No. 8116 of 2024, which required payment of current salary from the date of that order, the applicant sought contempt action. On 27.05.2025 the District Inspector of Schools, Kanpur Nagar, and the Joint Director of Secondary Education, Kanpur Region, appeared with an affidavit claiming compliance; learned standing counsel conceded current salary had been paid only from April, 2025. The Court held that payment of current salary from the date of the Writ Court's order is obligatory and cannot be left to the whims and fancies of the officer. The officers were directed to pay current salary from the date of the order and file an affidavit, with the case listed on 15.07.2025; failing payment, they must remain present for framing of charges.

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1949 of 2025

Applicant :- Ajay Kumar Dixit Opposite Party :- Shri Manoj Kumar Dwivedi, Joint Director Of Secondary Education Kanpur Region And Another Counsel for Applicant :- Gautam Baghel,Shivendera Rajwar

Hon'ble Neeraj Tiwari,J.

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

Case was heard on 28.04.2025 and Court has passed following order;

"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. 8116 of 2024.

Issue notice to the opposite party nos. 1 and 2 fixing 27.05.2025 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.

List in the daily cause list on 27.05.2025. "

Pursuant to order dated 28.04.2025, Sri Arun Kumar, District Inspector of Schools, Kanpur Nagar and Sri Manoj Kumar Dwivedi, Joint Director of Secondary Education, Kanpur Region, Kanpur 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.

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 April, 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.

I have perused the affidavit. Being confronted by the Court, learned standing counsel submitted that current salary was paid only from the month of April, 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 whims and fancies of officer to make of payment of current salary from the date of his order.

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.

On his request, list this case on 15.07.2025.

On that, Sri Arun Kumar, District Inspector of Schools, Kanpur Nagar and Sri Manoj Kumar Dwivedi, Joint Director of Secondary Education, Kanpur Region, Kanpur 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.

Order Date :- 27.5.2025 Junaid

Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad