Shiv Kumar Shukla vs Deepak Kumar Singh, Secy. Secondary Education Lko. and Others

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 50 of 2025

Applicant :- Shiv Kumar Shukla Opposite Party :- Deepak Kumar Singh, Secy. Secondary Education Lko. And Others Counsel for Applicant :- Om Prakash Mani Tripathi

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Hon'ble Rajeev Singh,J.

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1. On 1.5.2025, following order was passed :-

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1. On 03.04.2025, following order was passed:

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"1. Today application for grant of time filed by Sri Sunil Bajpai, learned Additional Chief Standing Counsel duly sworn in by Dr Pradeep Kumar, Joint Director of Secondary Education, Sixth Region, Lucknow is taken on record.

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2. Learned counsel for applicant filed objections to the deferment application filed by respondents earlier on 12.03.2025.

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3. Sri Sunil Bajpai, learned Additional Chief Standing Counsel appearing for respondents has submitted that the order passed by the writ court is under challenge in Special Appeal Defective No.123 of 2025, which was listed on 24.03.2025. On that date, time was granted to the respondents for filing objections and the order was passed to list the appeal on 07.04.2025 as fresh. He requests that the contempt proceedings may be deferred till decision of aforesaid appeal.

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4. As it is undisputed fact that the delay has not been condoned in the aforesaid appeal, therefore it cannot be said that stay application is pending in the appeal. The deferment application filed by respondents on 12.03.2025 as well as application for grant of time filed by respondent no.3 are hereby rejected.

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5. List this case on 01.05.2025.

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6. By the next date of listing, respondent no.3 shall file affidavit of compliance, failing which he shall appear before this Court for framing of charge. "

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2. In pursuance of aforesaid order, opposite party no.3 is present before this Court along with the application of deferment of contempt proceeding on the ground that the Special Appeal (Defective) No.123/2025 is pending. The aforesaid application is taken on record. 3. Shri Sunil Bajpai, learned Additional Chief Standing Counsel submits that aforesaid appeal was listed today at serial no.3004 in the Court of Hon'ble The Chief Justice and the same has been dismissed. Therefore, some time may be granted to file affidavit of compliance.

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4. The prayer made is allowed.

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5. List this case on 15.05.2025.

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6. On the next date, affidavit of compliance be filed, failing which, opposite party no.3 shall again appear in person before this Court for the purpose of framing of charge.

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It is informed by learned counsel for the parties that Special Appeal (D) No. 123 of 2025 filed by State is already dismissed vide order dated 1.5.2025. The order passed by the Division Bench in the aforesaid Special Appeal reads as under :-

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1. The appeal is barred by 67 days.

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2. An application seeking condonation of delay has been filed by the appellants.

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3. For the reasons indicated in the application, supported by affidavit, the same is allowed.

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4. Delay in filing the appeal is condoned.

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5. This appeal is directed against order dated 23.11.2024 passed in Writ - A No. 6791 of 2024, whereby the writ petition, filed by the respondents, has been allowed and the impugned order dated 29.07.2024 so far as the same did not grant promotional pay scale and pension to the respondents was quashed and consequential directions were given. The order was passed by learned Single Judge by relying on a Division Bench judgment in State of U.P. and others Vs. Surendra Singh and another : Special Appeal Defective No. 172 of 2023, decided on 20.04.2023.

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6. Learned counsel for the appellants does not dispute that the issue, as raised in the present special appeal, is squarely covered by order in the case of Surendra Singh (supra), however, submissions have been made that against the order passed in the case of Surendra Singh (supra) and other similar matters, several special leave petitions are pending consideration before Hon'ble Supreme Court.

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7. Counsel for the respondents made submissions that mere pendency of special leave petitions before Hon'ble Supreme Court by itself cannot be a reason to keep the matter pending before this Court as the matter, admittedly, is squarely covered by order in the case of Surendra Singh (supra).

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8. In view of the submissions made by counsel for the parties as the issue as raised in the present appeal, is squarely covered by order in the case of Surendra Singh (supra), we do not find any reason to take a view different from what has been taken in the case of Surendra Singh (supra).

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9. Consequently, the special appeal is dismissed.

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Today, the application for grant of time is filed by respondent no.3 - Mr. Pradeep Kumar Singh, Joint Director of Secondary Education, Sixth Region, Lucknow on the ground that order passed by the Division Bench in the aforesaid Special Appeal is challenged before Hon'ble Supreme Court in Special Leave Petition (Dairy) No.27019 of 2025 and requested that contempt proceedings may be deferred till the decision of aforesaid S.L.P. pending before the Hon'ble Supreme Court.

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List this case on 2.7.2025.

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In case, affidavit of compliance is not filed by the next date, respondent officer shall again appear before this Court for the purposes of framing of charge.

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Order Date :- 15.5.2025 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Shiv Kumar Shukla v. Deepak Kumar Singh, Secy. Secondary Education Lko. and Others

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Shiv Kumar Shukla v. Deepak Kumar Singh, Secy. Secondary Education Lko. and Others

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