Uma Kant Mishra Vs Smt. Mirdul Anand, Distt. Inspector of Schools, Balrampur and Another — Allahabad HC (2025) — LawSathi Research

Uma Kant Mishra Vs Smt. Mirdul Anand, Distt. Inspector of Schools, Balrampur and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim procedural order: affidavit of compliance taken on record; applicant permitted to implead respondent nos. 3 and 4; notice issued to them to show cause why contempt proceedings be not initiated; steps to be taken within seven days; case to be listed in the week commencing 21.04.2024 amongst top ten cases; Office directed to submit service report by next date of listing. Contempt proceedings remain open.

Issue for consideration

Whether contempt proceedings be initiated against the newly impleaded respondent nos. 3 and 4 (Shri Deepak Kumar and Shri Mahendra Dev) for alleged willful disobedience of the order dated 20.09.2024 passed in Writ A No. 8164 of 2024. +1 more

Court's answer

Notice issued to the newly impleaded respondent nos. 3 and 4 to explain why contempt proceedings be not initiated against them for alleged willful disobedience of the order dated 20.09.2024 passed in Writ A No. 8164 of 2024.

Ratio / Principle

The Court permitted the applicant to implead Shri Deepak Kumar, Additional Chief Secretary/Principal Secretary, Civil Secretariat, Lucknow and Shri Mahendra Dev, Director Secondary Education, Lucknow as respondent nos. 3 and 4 in the array of respondents.

Detailed headnote1 paragraphs

Contempt Application (CIVIL) No. 4840 of 2024 (Uma Kant Mishra v. Smt. Mirdul Anand, Distt. Inspector of Schools, Balrampur & Anr.), High Court of Judicature at Allahabad, Lucknow Bench, Manish Kumar, J., Order dated 10.3.2025. Interim order in contempt proceedings alleging willful disobedience of the Writ Court's order dated 20.09.2024 passed in Writ A No. 8164 of 2024 concerning payment of the applicant's G.P.F. dues. Respondent no. 1 appeared and her affidavit of compliance was taken on record; Standing Counsel reported that Rs. 3 lakhs and odd lying in the applicant's G.P.F. account had been paid, with letters dated 11.12.2024 and 28.12.2024 to the Director and a Director's letter of 07.01.2025 to the Deputy Secretary for transfer of the balance. The Court permitted the applicant to implead Shri Deepak Kumar, Additional Chief Secretary/Principal Secretary, Civil Secretariat, Lucknow, and Shri Mahendra Dev, Director Secondary Education, Lucknow, as respondent nos. 3 and 4, and issued notice to them to explain why contempt proceedings be not initiated for the said alleged willful disobedience. Steps within seven days; case to be listed in the week commencing 21.04.2024 amongst top ten cases (date as printed); service report due by next date of listing. No final disposition of the contempt was reached; proceedings remain open. No statute or precedent case is cited in this text.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4840 of 2024

Applicant :- Uma Kant Mishra

Opposite Party :- Smt. Mirdul Anand, Distt. Inspector Of Schools, Balrampur And Another

Counsel for Applicant :- Yogendra Kumar Mishra,Ajeya Mishra

Hon'ble Manish Kumar,J.

Smt. Mirdul Anand, District Inspector of Schools, Balrampurrespondent no. 1 is present and has filed an affidavit of compliance, which is taken on record.

Learned Standing Counsel has submitted that in the G.P.F. account of the applicant, a sum of Rs. 3 lakhs and odd was available, which was paid to the applicant and for rest of the amount some letters have been written to the Director i.e. 11.12.2024 and thereafter on 28.12.2024. In pursuance thereof, Director has also written a letter to the Deputy Secretary on 07.01.2025 for transferring the amount so the payment of G.P.F. could be made to the applicant in compliance of the judgment and order of the Writ Court.

At this stage, learned counsel for the applicant has submitted that he may be permitted to implead Shri Deepak Kumar, Additional Chief Secretary/Principal Secretary, Civil Secretariat, Lucknow and Shri Mahendra Dev, Director Secondary Education, Lucknow as respondent nos. 3 and 4 in the array of the respondents during the course of the day.

As prayed, the learned counsel for the applicant is permitted to implead Shri Deepak Kumar, Additional Chief Secretary/Principal Secretary, Civil Secretariat, Lucknow and Shri Mahendra Dev, Director Secondary Education, Lucknow as respondent nos. 3 and 4 in the array of the respondents during the course of the day.

Issue notice to the newly impleaded respondent nos. 3 and 4 to explain as to why contempt proceedings be not initiated against them for alleged willful disobedience of the order dated 20.09.2024 passed in Writ A No. 8164 of 2024.

As prayed, steps be taken within seven days.

List this case in the week commencing 21.04.2024 amongst top ten cases.

Office is directed to submit service report by the next date of listing.

Order Date :- 10.3.2025/Ashish

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