Contempt application over non-compliance of a writ court order granting promotion was dismissed as infructuous after the respondents complied by promoting the applicants w.e.f. 31.10.2012, with liberty to seek salary arrears separately.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CONTEMPT APPLICATION (CIVIL) No. - 2430 of 2017
Ashok Kumar Singh And Another
.....Applicant(s)
Versus
| Sri Dilip Kumar Sarkar Superintending Engineer P.W.D. Lko. |
.....Opposite Party(s) |
|
|---|---|---|
| Counsel for Applicant(s) : Om Prakash Singh |
Singh, | Vinod Kumar |
| Counsel for Opposite Party(s) : |
Court No. - 17
HON'BLE MANISH KUMAR, J.
Learned counsel for the respondent has submitted that the judgement and order passed by the writ court has been complied with by giving regular promotion to the applicants by order dated 30.08.2025 w.e.f. 31.10.2012 i.e. the date from which the juniors were given promotion but the salary has not been paid since 31.10.2012 till passing of the order by the writ court, otherwise for all practical purposes the present contempt petition has become infructuous and the same is liable to be dismissed as such.
At this stage, learned counsel for the applicant has prayed that the present contempt application may be dismissed as infructuous with liberty to the applicant to approach the court concerned for payment of salary for the post of 'Work Supervisor' w.e.f. 31.10.2012.
As such, the present contempt application/ petition is dismissed as infructuous.
The notice, if any, issued against the respondent is hereby discharged.
It is always open for the applicants to avail the remedy as may be permissible under the law.
(Manish Kumar,J.)
September 4, 2025 /S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt application survives after compliance with the writ court's order by regular promotion of the applicants.
Ashok Kumar Singh And Another
Sri Dilip Kumar Sarkar Superintending Engineer P.W.D. Lko.
Manish Kumar
As recorded by the court registry
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