Shailendra Kumar Tondon vs Deepak Kumar, Addl. Chief Secy. Basic Education Civil Secrtt., U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Shailendra Kumar Tondon vs Deepak Kumar, Addl. Chief Secy. Basic Education Civil Secrtt., U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions only; the contempt application remains pending. Impleadment of Smt. Monika Rani as respondent no. 5 allowed; notice issued to her with steps within seven working days; four weeks granted to respondents for compliance affidavit if no favourable order is passed in Special Appeal (D) No. 380/2025, failing which they shall appear in person; respondent no. 2 exempted from personal appearance unless called; case listed in the week commencing 15.12.2025.

Issue for consideration

Whether contempt proceedings be initiated against the newly impleaded respondent no. 5 for alleged willful disobedience of the judgment and order dated 07.05.2025 passed in Writ A No. 4513 of 2025. +1 more

Court's answer

Notice was directed to be issued to the newly impleaded respondent no. 5 to explain why contempt proceedings be not initiated against her for alleged willful disobedience of the judgment and order dated 07.05.2025 in Writ A No. 4513 of 2025, steps to be taken within seven working days, with a service report by the next date of listing.

Ratio / Principle

Cause shown in the accompanying affidavit was held sufficient and the impleadment application was allowed; learned counsel for the applicant was permitted to implead Smt. Monika Rani, Manahideshak, School Shiksha, U.P., Lucknow, as respondent no. 5.

Key takeaways

Four weeks' time was granted to the respondents to file a compliance affidavit in case no favourable order is passed in Special Appeal (D) No. 380/2025, failing which the respondents were directed to appear in person.ratio¶24
The personal appearance of respondent no. 2 was exempted unless called for.ratio¶26

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 2272 of 2025 (Allahabad High Court, Lucknow Bench, Manish Kumar, J., November 3, 2025) arising out of alleged non-compliance with the judgment and order dated 07.05.2025 in Writ A No. 4513 of 2025. Respondent nos. 2-4 appeared through the Additional Advocate General and Standing Counsel, who informed the Court that Special Appeal (D) No. 380/2025 against the interim order dated 07.05.2025 had been filed with delay, the delay condoned and the appeal restored to its regular number, and that it was expected to be listed on 04.11.2025. As respondent no. 2 stood transferred and Smt. Monika Rani had joined as Manahideshak, School Shiksha, U.P., Lucknow in September 2025, the Court allowed the impleadment application and permitted Smt. Monika Rani to be arrayed as respondent no. 5. Notice was issued to her to show cause why contempt proceedings be not initiated for alleged willful disobedience of the order dated 07.05.2025, steps within seven working days. Four weeks were granted to the respondents to file a compliance affidavit if no favourable order was passed in the Special Appeal, failing which they were to appear in person. Respondent no. 2's personal appearance was exempted unless called for. Matter listed in the week commencing 15.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 2272 of 2025

Shailendra Kumar Tondon

.....Applicant(s)

Versus

Deepak Kumar, Addl. Chief Secy. Basic Education Civil Secrtt., U.P. Lko. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Suman Pandey, Shivang Dheeraj Dwivedi
Counsel for Opposite Party(s)	:

Court No. - 8

HON'BLE MANISH KUMAR, J.

Respondent nos. 2, 3 & 4 are present today.

Sri Anuj Kudesia, learned Additional Advocate General, assisted by Sri Sunil Bajpai, learned Standing Counsel has submitted that against the interim order dated 07.05.2025, a Special Appeal (D) No. 380/2025 has been filed with delay in which the delay has been condoned and the appeal has been restored to its regular number.

It is further submitted that it is expected that the said Special Appeal would be listed tomorrow i.e. 04.11.2025 and a prayer has been made on behalf of the respondents to grant four weeks time for filing compliance affidavit in case, no favourable order will be passed in the Special Appeal.

It is further submitted that the respondent no. 2 has already been transferred and in her place, a new incumbent namely Smt. Monika Rani, has already joined as Manahideshak, School Shiksha, U.P., Lucknow in the month of September, 2025 itself.

At this stage, learned counsel for the applicant has filed an impleadment application which is taken on record.

Cause shown in the accompanying affidavit filed in support of the instant application is sufficient.

The impleadment application is allowed.

Learned counsel for the applicant is permitted to implead Smt. Monika Rani, Manahideshak, School Shiksha, U.P., Lucknow as respondent no. 5 in the array of respondent in the memo of the contempt application during the course of the day.

CAPL No. 2272 of 2025

2

Issue notice to the newly impleaded respondent no. 5 to explain as to why contempt proceedings be not initiated against her for alleged willful disobedience of the judgment and order dated 07.05.2025 passed in Writ A No. 4513 of 2025.

As prayed, steps be taken within seven working days.

Office is directed to submit service report by the next date of listing.

In view of above, four weeks' time is granted to the respondents for filing compliance affidavit in case no favourable order is passed in the Special appeal failing which the respondents shall appear in person.

List this case in the week commencing 15.12.2025.

The appearance of respondent no. 2 is hereby exempted unless called for.

November 3, 2025 Nitesh

(Manish Kumar,J.)

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench