Contempt application over non-compliance with a writ court order granting notional increments. Respondent sought time, citing a proposed special appeal not yet filed. Time request rejected as the writ order remains operative; two weeks granted for compliance affidavit.
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Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4238 of 2024
Applicant :- Ashok Kumar And 3 Others Opposite Party :- Shri Ajay Chauhan, Prin. Secy. Deptt. Of P.W.D. Lko. Counsel for Applicant :- Santosh Kr. Yadav Warsi,Deepesh Kumar Yadav,Rati Yadav
Hon'ble Manish Kumar,J.
Short counter affidavit has been filed on behalf of respondent, which is taken on record.
Learned Standing Counsel has submitted that applicant no.1 is not entitled for the increment in pursuance of the judgement and order passed by the writ court as he was promoted on 15.02.2023 alongwith benefit of promotional pay scale and retired on 30.06.2023, hence he is not eligible for notional increment from 01.07.2023. The petitioner No.2 was also promoted on 30.06.2023 and retired on the very same day and he was provided the benefit of promotional pay scale, so he is not entitled for the notional increment. Similar type of things have been mentioned in the affidavit for other applicants and lastly it has been averred that the permission has been sought from the Law Department for filing a special appeal against the judgement and order passed by the writ court and the permission was granted for filing the special appeal on 31.01.2025, so some reasonable time may be granted to obtain fruitful result in the proposed special appeal.
As per the affidavit filed today against the judgement and order dated 1.7.2024 the special appeal has not yet been filed . The judgement and order passed by the writ court is still in existence and operative, hence the application for grant of time is hereby rejected.
At this stage, learned Standing counsel prays for and is granted two weeks' time for filing compliance affidavit, failing which the respondent shall appear for the purposes of framing of charges.
List this case in the week commencing 24.02.2025.
Order Date :- 5.2.2025 S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Ashok Kumar And 3 Others
Shri Ajay Chauhan, Prin. Secy., Deptt. Of P.W.D., Lko.
Manish Kumar
As recorded by the court registry
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