Mahesh and Another Vs Ajay Chauhan Prin. Secy. P.W.D… — Contempt of Court | Allahabad HC (2025)

Mahesh and Another Vs Ajay Chauhan Prin. Secy. P.W.D… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the judgment and order dated 18.11.2024 of the writ court, directing convening of the Departmental Promotion Committee meeting for promotion on the post of Assistant Engineer (Civil and Structural) prior to 30.11.2024 and declaration of the result, has been complied with.

Court's answer

The direction in the writ court's order dated 18.11.2024 was only for the respondent to convene the Departmental Promotion Committee meeting for promotion on the post of Assistant Engineer (Civil and Structural) prior to 30.11.2024 in accordance with relevant rules provided there is no impediment, and to declare the result thereof.

Ratio / Principle

The judgment and order dated 18.11.2024 passed by the writ court has been complied with.

Key takeaways

The present contempt application is dismissed.ratio¶12
If the applicants have any grievance, they may avail the remedy as may be permissible under the law.obiter¶13
Notice, if any, stands discharged.obiter¶14

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 4526 of 2024 (Allahabad High Court, Lucknow Bench; Manish Kumar, J.; order dated 4.2.2025): Applicants sought action for non-compliance of the writ court's judgment and order dated 18.11.2024, which, with the consent of parties, directed the opposite parties to convene a Departmental Promotion Committee meeting for promotion on the post of Assistant Engineer (Civil and Structural) prior to 30.11.2024 in accordance with relevant rules provided there is no impediment, and to declare the result. A compliance affidavit of respondent no.5 recorded that the DPC was convened on 29.11.2024 at 3.00 pm; State counsel, on instructions dated 31.01.2025, submitted that a promotion order had been issued in favour of applicant no.2 on the Commission's recommendation, while applicant no.1 had already retired and hence no promotion order was issued. Holding that the direction was limited to convening the DPC and declaring the result, and that the judgment and order dated 18.11.2024 had been complied with, the Court dismissed the contempt application, discharged notice, and observed that the applicants, if aggrieved, may avail any remedy permissible under law.

Neutral Citation No. - 2025:AHC-LKO:7186

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4526 of 2024

Applicant :- Mahesh And Another Opposite Party :- Ajay Chauhan Prin. Secy. P.W.D. Deptt. Lko. And 4 Others Counsel for Applicant :- Shireesh Kumar,Utkarsh Kumar Counsel for Opposite Party :- Raj Kumar Upadhyaya (R.K.Upadhyaya)

Hon'ble Manish Kumar,J.

The present application has been filed for non compliance of the order dated 18.11.2024. The relevant extract of the said judgment is quoted hereinbelow:-

Accordingly, with the consent of the parties, the petition is being disposed of with a direction to the opposite parties to convene departmental promotion committee meeting for promotion on the post of Assistant Engineer (Civil and Structural) prior to 30.11.2024 in accordance with relevant rules provided there is no impediment and declare the result thereof.

Compliance affidavit on behalf of respondent no.5 has already been filed indicating therein that the Departmental Promotion Committee was convened on 29.11.2024 at 3.00 pm. The respondent no.5 has complied with the judgment and order passed by the writ court and nothing remains against the respondent no.5 and the contempt application may be dismissed as far as respondent no.5 is concerned.

On the other hand, learned State counsel on the basis of instructions dated 31.01.2025 received from respondent no.1, has submitted that on the recommendation of Commission i.e. respondent no.5, the promotion order in favour of applicant no.2 has been issued whereas applicant no.1 has already retired, therefore, no promotion order has been issued, hence the judgment and order passed by the writ court has been complied with.

The direction was only for the respondent to convene the Departmental Promotion Committee meeting for promotion on the post of Assistant Engineer (Civil and Structural) prior to 30.11.2024 in accordance with relevant rules provided there is no impediment and declare the result thereof. The judgment and order dated 18.11.2024 passed by the writ court has been

complied with.

Accordingly, the present contempt application is dismissed.

If the applicants have any grievance, they may avail the remedy as may be permissible under the law.

Notice, if any, stands discharged.

Order Date :- 4.2.2025 Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench