Rajat Mishra Vs Shri Sanjay Tiwari, Basic Shiksha Adhikari Dist. Amethi — Allahabad HC (2025) — LawSathi Research

Rajat Mishra Vs Shri Sanjay Tiwari, Basic Shiksha Adhikari Dist. Amethi — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: two weeks' time for filing the compliance affidavit conditional on no favourable order in Special Appeal Defective No. 338 of 2025, failing which the respondent shall appear in person; case listed in the week commencing 22.09.2025; name of Shailendra Singh Rajawat to be shown as counsel for the respondent.

Issue for consideration

Compliance by the respondent with the judgment and order dated 16.01.2025 in this contempt application — whether the compliance affidavit is to be filed now or deferred pending the outcome of Special Appeal Defective No. 338 of 2025, and the consequence (personal appearance) on failure to file.

Court's answer

Two weeks' time granted to the respondent for filing the compliance affidavit, conditional on no favourable order being passed in the Special Appeal; failing which the respondent shall appear in person.

Ratio / Principle

The contempt application is to be listed in the week commencing 22.09.2025.

Key takeaways

The vakalatnama of Sri Shailendra Singh Rajawat filed on behalf of the respondent is taken on record, and his name is to be shown as counsel for the respondent whenever the case is listed next.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 17, Hon'ble Manish Kumar, J. — Contempt Application (CIVIL) No. 2330 of 2025, Rajat Mishra (applicant) v. Shri Sanjay Tiwari, Basic Shiksha Adhikari, Dist. Amethi (opposite party/respondent). Sri Shailendra Singh Rajawat, Advocate filed vakalatnama for the respondent, which was taken on record. Counsel for the respondent submitted that against the judgment and order dated 16.01.2025 a Special Appeal Defective No. 338 of 2025 had been preferred, in which an order dated 22.08.2025 granted time to place on record material to substantiate that the appointment letter dated 29.10.2018 granting compassionate appointment to the respondent on a class-IV post was sent to him and was refused by him; the appeal stood listed fresh on 04.09.2025. Counsel prayed for listing after 04.09.2025, undertaking to file the compliance affidavit if no favourable order was passed in the Special Appeal. The court granted two weeks for filing the compliance affidavit subject to that condition, failing which the respondent was directed to appear in person; listed the case in the week commencing 22.09.2025; and directed that Shailendra Singh Rajawat's name be shown as counsel for the respondent in future listings. Order dated September 1, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 2330 of 2025

Rajat Mishra

.....Applicant(s)

Versus

Shri Sanjay Tiwari, Basic Shiksha Adhikari Dist. Amethi .....Opposite Party(s)
Counsel for Applicant(s) : Mohd. Mansoor, Mohammad Danish, Mohd Siddiq Alam
Counsel for Opposite Party(s) :

Court No. - 17

HON'BLE MANISH KUMAR, J.

Sri Shailendra Singh Rajawat, Advocate has filed his vakalatnama on behalf of the respondent (which is taken on record) and has submitted that against the judgment and order dated 16.01.2025, a Special Appeal Defective No. 338 of 2025 has been preferred in which on 22.08.2025, an order has been passed granting time to place on record the material to substantiate that the appointment letter dated 29.10.2018, granting compassionate appointment to the respondent on class-IV post, was sent to him and the same was refused to be accepted by him and thereafter that appeal was listed on 04.09.2025, as fresh.

Learned counsel for the respondent prays for listing of this case after 04.09.2025 and in case, no favourable order is passed in the Special Appeal, the compliance affidavit will be filed by the next date of listing.

As prayed, two weeks' time is granted for filing compliance affidavit, in case no favourable order is passed in the Special Appeal, failing which the respondent shall appear in person.

List this case in the week commencing 22.09.2025.

Whenever the case is listed next, the name of Sri Shailendra Singh Rajawat, Advocate be shown in the list as counsel for the respondent.

(Manish Kumar,J.)

September 1, 2025 Nitesh

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