Radha Krishna Yadav vs Deepak Kumar, Additional Chief Secretary, Department of Basic Education and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CONTEMPT APPLICATION (CIVIL) No. - 4170 of 2025

Radha Krishna Yadav

.....Applicant(s)

Versus

Deepak Kumar, Additional Chief Secretary, Department Of Basic Education And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Satyendra Chandra Tripathi Counsel for Opposite Party(s) :

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Court No. - 36

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HON'BLE ROHIT RANJAN AGARWAL, J.

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The writ Court, while deciding bunch of matters having leading case being Writ-A No.287 of 2023 (Jitendra Kumar Bharati vs. Union of India & others) on 12.01.2024 had disposed of the writ petitions requiring the State Government to form a Committee having members of higher rank within four weeks which shall consider the prayers of the petitioners therein in the writ petition for the increase of honorarium at least to extent of a respectable amount.

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This Court, on 18.09.2025, had required an affidavit of compliance from the Additional Chief Secretary, Department of Basic, Government of U.P., Lucknow and passed the following order:-

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"Heard learned counsel for the applicant, Sri Yatindra, learned counsel for the opposite party no. 4 and Abhishek Srivastava, learned Chief Standing Counsel along with Sri Brijesh Kumar, learned Standing Counsel for the opposite party nos. 1, 2, 3 & 5.

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Pursuant to order of this Court dated 21.08.2025, Ms. Kanchan Verma, Director General, School Education-opposite party no. 2, Mr. Pratap Singh Baghel, Director of Education(Basic) UP, Lucknow-opposite party no. 3, Mr. Surendra Kumar Tiwari, Secretary, U.P. Board of Basic Education, Prayagraj-opposite party no. 4 are present and filed affidavits, which are taken on record. Mr. Deepak Kumar, Additional Chief Secretary, Department of Basic, government of U.P., Lucknow-

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CAPL No. 4170 of 2025

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2

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opposite party no. 5 is not present before the Court today, but has filed affidavit along with exemption application, which is taken on record.

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Personal presence of Mr. Deepak Kumar, Additional Chief Secretary, Department of Basic, government of U.P., Lucknow-opposite party no. 5 is exempted for today.

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Based upon affidavits, learned C.S.C. submitted that four weeks further time may be granted to comply the order of Writ Court, which is seriously objected by learned counsel for the applicant.

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Learned counsel for the applicant submitted that on the previous occasions too, affidavits were filed seeking time to comply the order, but the same has not been complied with.

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Under such facts of the case, list this case on 27.10.2025 along with connected matters.

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On the next date fixed, Mr. Deepak Kumar, Additional Chief Secretary, Department of Basic, government of U.P., Lucknow-opposite party no. 5 shall file affidavit indicating full compliance of the order of Writ Court, failing which he shall remain present before the Court for framing of charges.

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Personal presence of Ms. Kanchan Verma, Director General, School Education-opposite party no. 2, Mr. Pratap Singh Baghel, Director of Education(Basic) UP, Lucknow-opposite party no. 3, Mr. Surendra Kumar Tiwari, Secretary, U.P. Board of Basic Education, Prayagrajopposite party no. 4 are exempted till further order of this Court.

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Today, when the matter was taken up, an affidavit of compliance has been filed on behalf of Additional Chief Secretary, Department of Basic, Government of U.P., Lucknow, wherein in para 7, it is stated that the matter regarding increasing the honorarium was considered by the Committee so constituted as per the direction of the writ Court and a decision has been taken by the Committee on 21.10.2025 wherein the Committee had found that the matter as far as increase of honorarium is concerned cannot be dealt with by the Committee and it needs approval of

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CAPL No. 4170 of 2025

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Cabinet. In view of the said fact, the Committee has submitted its report to the higher authorities. The minutes of meeting of the Committee has been appended as Annexure 2 to the affidavit of compliance.

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In view of the said facts, no case for interference under Section 12 of Contempt of Courts Act is made out.

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Contempt application stands dismissed and is consigned to record.

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The State Government is directed to take appropriate action on the recommendation of the Committee as per the direction of this Court.

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October 27, 2025 SK Goswami

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(Rohit Ranjan Agarwal,J.)

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Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Radha Krishna Yadav v. Deepak Kumar, Additional Chief Secretary, Department of Basic Education and 3 Others

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Radha Krishna Yadav v. Deepak Kumar, Additional Chief Secretary, Department of Basic Education and 3 Others

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