Amar Nath Yadav vs Sri Vikas Yadav Divisional Forest Officer Gorakhpur Forest Division

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CONTEMPT APPLICATION (CIVIL) No. - 6858 of 2025

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Amar Nath Yadav

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.....Applicant(s)

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Versus
Sri Vikas Yadav Divisional Forest Officer Gorakhpur Forest Division .....Opposite Party(s)
Counsel for Applicant(s) : Pankaj Srivastava Counsel for Opposite Party(s) :

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Court No. - 9

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HON'BLE ROHIT RANJAN AGARWAL, J.

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Shri Vikas Yadav, Divisional Forest Officer, Gorakhpur is present in the Court today, who is identified by Shri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel.

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A rejoinder affidavit has been filed on behalf of the applicant, which is taken on record.

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Shri Ashok Mehta, learned Additional Advocate General appearing for the opposite party submits that the applicant is not working and is not eligible for the payment of minimum of pay scale of Rs. 18,000/- per month as he has not worked after January, 2020. He further submits that his nephew is working, who is getting the salary. He further submits that the rejoinder affidavit filed on behalf of the applicant is demonstrative of the fact that the statement of the State Bank of India account which has been placed along with the rejoinder affidavit reveals that the amount has not been transferred into the account of the applicant. He further invited the attention of the Court to Annexure No. 8 to the affidavit filed on behalf of the opposite party, wherein, the committee so constituted had called upon the applicant, who had placed his version before the committee and after due consideration, the committee had taken a decision on 30.09.2025.

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Learned counsel for the applicant submitted that it is the applicant, who is working and not his nephew. The opposite party is deliberately sending

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CAPL No. 6858 of 2025

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2

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the money in the account of the nephew and not in the account of the applicant. It is further contended that not only in the case of the applicant but in case of other similarly placed persons, the salary is being transmitted into the accounts of their relatives and not of the persons, who are working. Specific averment has been made in para 8 of the rejoinder affidavit filed today.

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This Court after hearing the applicant's counsel as well as learned Additional Advocate General find that there exists factual dispute in respect of the payment of the minimum of wages. The writ Court had granted a conditional interim order providing for the payment of minimum of pay scale to the applicant in case he was continuing and discharging his duty under the Forest Department. As there is factual dispute as to whether the nephew of the applicant was working or the applicant, this Court cannot go into such factual dispute and as the matter has already been decided by the committee constituted by the DFO on 30.09.2025 and the writ petition is still pending consideration and counter affidavit filed by the State, the matter in proceedings under Section 12 as to the factual dispute cannot be adjudicated and as such, no case for contempt is made out at this stage.

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The contempt application stands disposed of leaving it open to the applicant to challenge the order dated 30.09.2025 passed by the committee before the writ Court, if so advised.

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Contempt notice stands discharged.

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(Rohit Ranjan Agarwal,J.)

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April 20, 2026 A. V. Singh

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Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad

Amar Nath Yadav v. Sri Vikas Yadav Divisional Forest Officer Gorakhpur Forest Division

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Amar Nath Yadav v. Sri Vikas Yadav Divisional Forest Officer Gorakhpur Forest Division

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