High Court

Applicant :- Ram Nayan Yadav Opposite Party :- Sri Deepak Kumar, Prin. Secy. Secondary Education Lko. And Others Counsel for Applicant :- Lalta Prasad Misra,Dr. Ashutosh Mishra,Lalta Prasad Misra,Mohit Chandra,Puneet Chandra Counsel for Opposite Party :- Vinod Kumar Pandey,Dr. Shivji Shukla,Rakesh Kumar Srivastava Hon'ble Alok Mathur,J.

1. Applications for extension of time and powers filed on behalf of opposite parties no. 6 and 7 are taken on record.

2. Heard Shri Puneet Chandra on behalf of the petitioner, Shri Shivji Shukla, learned counsel appearing for opposite parties no. 3 and 5 and Shri Ran Vijay Singh, learned counsel for opposite parties no. 6 and 7.

3. The petitioner had approached this Court by filing of writ petition bearing Writ A No. 2696 of 2005, which was allowed and the orders under challenge dated 24.03.2005 and 28.9.2024 were quashed and the petitioner was directed to be reinstated in service with all consequential benefits. The order was subsequently corrected on 6.2.2024.

4. According to the applicant he was working on the post of Lecturer in Chunni Lal Inter College, Sultanpur, from where his services were terminated and after passing the order by this Court, his services ought to have been reinstated along with consequential benefits, as directed by this Court dated 21.7.2023, but the respondents did not take any steps to the direction of this Court, pursuant to which, the present contempt petition was preferred. Initially notices were issued to the Manager and the Principal of the said Institution and bailable warrants were also issued and they appeared before this Court and also undertook to comply with the order of the Writ Court. A perusal of the previous order of this Court dated 23.05.2025 would indicate that it was recorded that the previous salary has been paid and since there was no post for the petitioner can join in the Institution due to which it is stated that the order could not be complied with. It was further informed that Special Appeal has been filed by the Management of the Institution and accordingly time was sought to comply with the order of the Writ Court. In the said order the Manager of the Institution had assured the Court that needful would be done to comply with the direction of the Writ Court.

5. During the proceedings it was found that the order of the High Court is not being complied on the behest of respondents in pursuance of the certain letters written to the Manager and the matter was pending before the Director, Secondary Education and accordingly he was directed to appear before this Court and file an affidavit of compliance. It is the order dated 16.7.2025, it was recorded that a request has been made to the Director, Secondary Education, U.P., Prayagraj for grant of approval and to provide funds of amounting Rs. 90,82,885/- for payment of arrears to the applicant and some time was sought to comply with the direction of Writ Court. While issuing notices to opposite parties no. 6 and 7 they were further directed to file affidavit of compliance, failing which they were directed to appear before this Court. Respondents no. 6 and 7 are present before this Court but it seems that affidavit of compliance has not yet been filed by them. The only ground for filing the affidavit, it has been stated that Special Appeal filed by the management of the Institution was listed Yesterday, but no order has been passed therein.

6. It is in the aforesaid circumstances vehement request has been made that opposite parties no. 6 and 7 may be granted time, so that they could file Special Appeal to assail the order of the Single Judge. It is noticed that after lapse of nearby one year the order of the writ court has not been complied, and despite issuance of notices in contempt proceedings the respondents are not complying the order, nor is there any effect to comply with the same.

7. Considering the aforesaid and especially that the respondents are in clear contempt of the order of this Court and despite passage of more than 1 year, the order of Writ Court has not been complied. It is further noticed that the present contempt petition is pending fore more than one year, where on each date request has been made for grant of time to comply the order of the Writ Court.

8. Till date, there is no order interfering with the directions of the Writ Court, apart from which I find that despite personal appearance of opposite parties no. 6 and 7 before this Court neither affidavit of compliance has been filed nor is there any statement that the order of the Writ Court would be complied in near future. Only fact which has been stated before this Court that time is sought to assail the direction of the Writ Court, which was passed in the month of February, 2024 and more than 1 and 1/2 years have lapsed.

9. From the above, it is clear that there is wilful non compliance. Accordingly charges be framed against the respondents no. 6 and 7. " (i) Why contemnor opposite party no. 6- Shri Surya Prakash Singh, District Inspector of Schools, Sultanpur be not punished for wilful and deliberate disobedience of the judgement and order dated 21.7.2023, which was corrected by the order dated 6.2.2024 passed in Writ A No. 2696 of 2005 (Ram Nayan Yadav Vs. State of U.P. and others). (ii) Why contemnor opposite party no.7- Dr. Mahendra Deo, Director Secondary Education, U.P., District Praygraj, Uttar Pradesh be not punished for wilful and deliberate disobedience of the judgement and order dated 21.7.2023, which was corrected by the order dated 6.2.2024 passed in Writ A No. 2696 of 2005 (Ram Nayan Yadav Vs. State of U.P. and others)."

10. The opposite parties may file reply to the charge within next two weeks.

12. List this case on 16.9.2025, on which date opposite parties no. 6 and 7 shall remain present before this Court. . (Alok Mathur, J.) Order Date :- 19.8.2025 Muk

Applicant :- Ram Nayan Yadav Opposite Party :- Sri Deepak Kumar, Prin. Secy. Secondary Education Lko. And Others Counsel for Applicant :- Lalta Prasad Misra,Dr. Ashutosh Mishra,Lalta Prasad Misra,Mohit Chandra,Puneet Chandra Counsel for Opposite Party :- Vinod Kumar Pandey,Dr. Shivji Shukla,Rakesh Kumar Srivastava Hon'ble Alok Mathur,J.

1. Applications for extension of time and powers filed on behalf of opposite parties no. 6 and 7 are taken on record.

2. Heard Shri Puneet Chandra on behalf of the petitioner, Shri Shivji Shukla, learned counsel appearing for opposite parties no. 3 and 5 and Shri Ran Vijay Singh, learned counsel for opposite parties no. 6 and 7.

3. The petitioner had approached this Court by filing of writ petition bearing Writ A No. 2696 of 2005, which was allowed and the orders under challenge dated 24.03.2005 and 28.9.2024 were quashed and the petitioner was directed to be reinstated in service with all consequential benefits. The order was subsequently corrected on 6.2.2024.

4. According to the applicant he was working on the post of Lecturer in Chunni Lal Inter College, Sultanpur, from where his services were terminated and after passing the order by this Court, his services ought to have been reinstated along with consequential benefits, as directed by this Court dated 21.7.2023, but the respondents did not take any steps to the direction of this Court, pursuant to which, the present contempt petition was preferred. Initially notices were issued to the Manager and the Principal of the said Institution and bailable warrants were also issued and they appeared before this Court and also undertook to comply with the order of the Writ Court. A perusal of the previous order of this Court dated 23.05.2025 would indicate that it was recorded that the previous salary has been paid and since there was no post for the petitioner can join in the Institution due to which it is stated that the order could not be complied with. It was further informed that Special Appeal has been filed by the Management of the Institution and accordingly time was sought to comply with the order of the Writ Court. In the said order the Manager of the Institution had assured the Court that needful would be done to comply with the direction of the Writ Court.

5. During the proceedings it was found that the order of the High Court is not being complied on the behest of respondents in pursuance of the certain letters written to the Manager and the matter was pending before the Director, Secondary Education and accordingly he was directed to appear before this Court and file an affidavit of compliance. It is the order dated 16.7.2025, it was recorded that a request has been made to the Director, Secondary Education, U.P., Prayagraj for grant of approval and to provide funds of amounting Rs. 90,82,885/- for payment of arrears to the applicant and some time was sought to comply with the direction of Writ Court. While issuing notices to opposite parties no. 6 and 7 they were further directed to file affidavit of compliance, failing which they were directed to appear before this Court. Respondents no. 6 and 7 are present before this Court but it seems that affidavit of compliance has not yet been filed by them. The only ground for filing the affidavit, it has been stated that Special Appeal filed by the management of the Institution was listed Yesterday, but no order has been passed therein.

6. It is in the aforesaid circumstances vehement request has been made that opposite parties no. 6 and 7 may be granted time, so that they could file Special Appeal to assail the order of the Single Judge. It is noticed that after lapse of nearby one year the order of the writ court has not been complied, and despite issuance of notices in contempt proceedings the respondents are not complying the order, nor is there any effect to comply with the same.

7. Considering the aforesaid and especially that the respondents are in clear contempt of the order of this Court and despite passage of more than 1 year, the order of Writ Court has not been complied. It is further noticed that the present contempt petition is pending fore more than one year, where on each date request has been made for grant of time to comply the order of the Writ Court.

8. Till date, there is no order interfering with the directions of the Writ Court, apart from which I find that despite personal appearance of opposite parties no. 6 and 7 before this Court neither affidavit of compliance has been filed nor is there any statement that the order of the Writ Court would be complied in near future. Only fact which has been stated before this Court that time is sought to assail the direction of the Writ Court, which was passed in the month of February, 2024 and more than 1 and 1/2 years have lapsed.

9. From the above, it is clear that there is wilful non compliance. Accordingly charges be framed against the respondents no. 6 and 7. " (i) Why contemnor opposite party no. 6- Shri Surya Prakash Singh, District Inspector of Schools, Sultanpur be not punished for wilful and deliberate disobedience of the judgement and order dated 21.7.2023, which was corrected by the order dated 6.2.2024 passed in Writ A No. 2696 of 2005 (Ram Nayan Yadav Vs. State of U.P. and others). (ii) Why contemnor opposite party no.7- Dr. Mahendra Deo, Director Secondary Education, U.P., District Praygraj, Uttar Pradesh be not punished for wilful and deliberate disobedience of the judgement and order dated 21.7.2023, which was corrected by the order dated 6.2.2024 passed in Writ A No. 2696 of 2005 (Ram Nayan Yadav Vs. State of U.P. and others)."

10. The opposite parties may file reply to the charge within next two weeks.

12. List this case on 16.9.2025, on which date opposite parties no. 6 and 7 shall remain present before this Court. . (Alok Mathur, J.) Order Date :- 19.8.2025 Muk