Aniruddh Singh Vs Dr. Jitendra Kumar Tomar, Director, Agriculture, Lucknow and Another — Allahabad HC (2025) — LawSathi Research

Aniruddh Singh Vs Dr. Jitendra Kumar Tomar, Director, Agriculture, Lucknow and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether there has been non-compliance by the opposite parties of the judgment and order dated 30.09.2024 passed in Writ A No. 8771 of 2024 (directing release of the petitioner's entire service benefits). +2 more

Court's answer

By fixing the next procedural stage as the framing of charges 'for non compliance of judgment and order of the Writ Court', the Court proceeds on the footing that the judgment and order dated 30.09.2024 of the Writ Court has not been complied with by the opposite parties.

Ratio / Principle

The reasons assigned by respondent no. 2 for non-compliance of the Writ Court's judgment (opinion sent to the State Government on 04.12.2024 for filing a special appeal, decision pending) were found by this Court to be unsatisfactory and were rejected.

Key takeaways

It was specifically submitted, and recorded, that learned Standing Counsel is appearing only for respondent no. 2; consequently no one has put in appearance on behalf of respondent no. 1, who is also not personally present before this Court despite having been served.ratio¶12
The Court ordered that a bailable warrant be issued against respondent no. 1-Dr. Jitendra Kumar Tomar, Director (Agriculture), Krishi Bhawan, Lucknow, to be executed through the Chief Judicial Magistrate, Lucknow, securing his appearance before this Court on the next date of listing.ratio¶13

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 4606 of 2024 — Aniruddh Singh v. Dr. Jitendra Kumar Tomar, Director, Agriculture, Lucknow & Another; High Court of Judicature at Allahabad (Lucknow Bench), Court No. 17; Hon'ble Manish Kumar, J.; order dated 30.1.2025 (interim, case listed for 21.02.2025). Applicant alleged non-compliance of the judgment and order dated 30.09.2024 passed in Writ A No. 8771 of 2024, which had allowed the writ petition, set aside/quashed the impugned orders dated 06.09.2024 (Annexure No. 1) and 07.09.2024 (Annexure No. 2), and directed release of the petitioner's entire service benefits (pension, gratuity, leave encashment and other applicable benefits) with expedition, preferably within six weeks of receipt of the certified copy, provided requisite formalities were completed, failing which interest @ 8% per annum was payable on delayed payment. Counsel for the applicant reported that not even a single penny had been paid. Learned Standing Counsel, appearing only for respondent no. 2, stated that the Director had forwarded an opinion to the State Government vide letter dated 04.12.2024 for filing a special appeal, with no decision received — this Court found those reasons unsatisfactory and rejected them. As no one appeared for respondent no. 1 though served, a bailable warrant was ordered through the Chief Judicial Magistrate, Lucknow; respondent no. 2 (Shri Sharvan Kumar, Deputy Director, Agriculture, Barabanki) was directed to attend in person on the next date for the purpose of framing charges for the non-compliance. No monetary relief was effected in this sitting; proceedings continue.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4606 of 2024

Applicant :- Aniruddh Singh Opposite Party :- Dr. Jitendra Kumar Tomar, Director, Agriculture, Lucknow And Another Counsel for Applicant :- Manendra Nath Rai

Hon'ble Manish Kumar,J.

Heard.

Present contempt petition has been preferred for alleged noncompliance of the judgment and order dated 30.09.2024 passed in Writ A No. 8771 of 2024. The relevant extract of the said judgment is being reproduced hereinbelow:-

"12. Accordingly, the writ petition is allowed. Consequently, the impugned orders dated 06.09.2024 (contained in Annexure No. 1) and 07.09.2024 (contained in Annexure No. 2) are hereby set aside/ quashed.

13. The opposite parties are further directed to release the entire service benefits of the petitioner including pension, gratuity, leave encashment and other applicable benefits, with expedition, preferably within a period of six weeks from the receipt of certified copy of the order of this Court, provided the petitioner has completed all required formalities, failing which the petitioner would be entitled for the interest @ 8% per annum on delayed payment.

14. With the aforesaid observations and directions, the writ petition is allowed"

Learned counsel for the applicant has submitted that till date not even a single penny has been paid to the applicant in compliance of the judgment and order of the Writ Court.

On the other hand, learned Standing Counsel on the basis of instructions received from respondent no. 2 has submitted that an opinion has been forwarded to the State Government by the Director vide its letter dated 04.12.2024 for filing special appeal but till date no decision has been communicated from the State Government regarding filing of the special appeal and that is why the judgment and order of the Writ Court has yet not been complied with.

On being asked from learned Standing Counsel as to whether he is appearing on behalf of respondent nos. 1 and 2, it has specifically been submitted that he is only appearing for respondent no. 2 meaning thereby no one has put in appearance on behalf of respondent no. 1 nor he is present before this Court in person though served.

Let bailable warrant be issued against respondent no. 1-Dr. Jitendra Kumar Tomar, Director (Agriculture), Krishi Bhawan, Lucknow through the Chief Judicial Magistrate, Lucknow for his appearance before this Court on the next date of listing.

Reasons assigned by the respondent no. 2 for non compliance of the judgment and order of the Writ Court i.e. decision for filing special appeal is pending before the State Government is not found to be satisfactory, thus, it is hereby rejected.

Respondent no. 2-Shri Sharvan Kumar, Deputy Director, Agriculture, Barabanki shall remain present before this Court in person on the next date of listing for the purposes of framing charges for non compliance of judgment and order of the Writ Court.

List this case on 21.02.2025.

Order Date :- 30.1.2025 Ashish

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench