Gulab Singh vs Atal Kumar Rai Director Panchayati Raj — Allahabad HC (2025) — LawSathi Research

Gulab Singh vs Atal Kumar Rai Director Panchayati Raj — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim compliance direction in the pending contempt application: the present Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow to ensure disbursal and credit of the amount due to the applicant (pursuant to the order dated 24.01.2025) within one month, in any case by 28.02.2025; matter listed on 3rd March, 2025 for compliance affidavit or personal appearance of the Director for framing of charges; Registrar (Compliance) to communicate the order to the Director within 24 hours.

Issue for consideration

Whether the opposite party has complied with the Writ Court's order dated 07.05.2024 directing decision on, and disbursement of, the applicant's claim to first, second and third Assured Career Progression.

Court's answer

The present Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow was directed to ensure that the amount due to the applicant as a consequence of the order dated 24.01.2025 is disbursed and credited in the applicant's account within one month, in any case by 28.02.2025.

Ratio / Principle

The matter was listed for 3rd March, 2025, on which date the present Director, Panchayati Raj shall either file a compliance affidavit showing disbursal of the amount due to the applicant or be personally present in Court for framing of charges.

Detailed headnote1 paragraphs

Contempt (Civil) — non-compliance with Writ Court order dated 07.05.2024 directing the Director, Panchayati Raj to decide the applicant's representation for first, second and third Assured Career Progression and disburse dues within one month — Affidavit filed by Standing Counsel recording that the opposite party stands transferred as Commissioner, Saharanpur Division, and that by order dated 24.01.2025 the Additional Director (Administration), Panchayati Raj accepted the applicant's ACP claim — Court directed the present Director, Panchayati Raj to ensure disbursal and credit of the amount due within one month, in any case by 28.02.2025 — Matter listed on 3rd March, 2025; failing a compliance affidavit showing disbursal, the Director to be personally present in Court for framing of charges — Copy of order to be communicated by Registrar (Compliance) within 24 hours — Interim order; contempt application remains pending.

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 89 of 2025

Applicant :- Gulab Singh Opposite Party :- Atal Kumar Rai Director Panchayati Raj Counsel for Applicant :- R. B. Tripathi

Hon'ble Salil Kumar Rai,J.

In pursuance to the previous order passed by this Court, the Standing Counsel has filed an affidavit on behalf of the opposite party stating that the opposite party was earlier posted as Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow but has now been transferred as Commissioner, Saharanpur, Division, Saharanpur. However, it has been stated in the affidavit that an order dated 24.01.2025 has been passed by the Additional Director (Administration) Panchayati Raj, Government of Uttar Pradesh accepting the claim of the applicant for award of the first, second and third, Assured Career Progression.

The order dated 07.05.2024 passed by the Writ Court directed the Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow to ensure that appropriate orders are passed on the representation of the applicant pleading first, second and third Assured Career Progression, and in case, he was found entitled to the claim made by him, the requisite amount, i.e., the amount due to the applicant shall be disbursed to him within one month from the date of passing the order.

Through the order dated 24.01.2025, the claim of the applicant has been accepted.

The present Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow shall ensure that the amount due to the applicant as a consequence of the order dated 24.01.2025 is

disbursed and credited in the account of the applicant within one month from today and in any case by 28.02.2025.

List again on 3rd March, 2025 , on which date, the present Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow shall either file a compliance affidavit showing disbursal of the amount due to the applicant or shall be personally present in the Court for framing of charges.

A copy of this order be communicated to the Director, Panchayati Raj, Government of Uttar Pradesh, Lucknow by the Registrar (Compliance) within 24 hours.

Order Date :- 4.2.2025 Vipasha

Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad