Praveen Singh v. State of U. P. and Others and punish them, after summoning them in pe

1. Application for grant of time and application for exemption from personal appearance filed by the learned Standing Counsel on behalf of the opposite party No. 2 are taken on record. 2. The present application has been filed with the following prayer: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to initiate contempt proceedings against the above named opposite parties and to punish them for committing wilful , deliberate and intentional disobedience of the judgment and order dated 12.08.2024 passed by the Hon'ble High Court in Writ-A No. 2706 of 2024 in re: Praveen Singh Vs. State of U. P. and Others and punish them, after summoning them in person." 3. On 24.04.2025, the following order was passed: "1. Heard learned counsel for the applicant and learned Standing Counsel. 2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 12.08.2024 passed on Writ-A No. 2706 of 2024. 3. Learned counsel for the applicant submits that the order of writ Court has not been complied with till date. 4. It is evident from the record that notices have already been served on respondent no. 2, but till today, affidavit of compliance has not been filed. 5. Shri Amrendra Singh, learned Standing Counsel appearing for respondent no. 2 submits that review application is already filed, which is registered as Civil Misc. Review Application (D) No. 42 of 2025, in which notices have already been issued and the case is listed on 30.04.2025 at 2.15 p.m. It is, thus, submitted that the present contempt application may be deferred till the decision in the aforesaid review application. 6. From the copy of the order dated 21.04.2025 passed in aforesaid Civil Misc. Review Application (D) No. 42 of 2025 provided by learned Standing Counsel, it is evident that the delay has not been condoned. Therefore, merely on the basis of pendency of review application, the contempt proceedings cannot be deferred. 7. List this case on 12.05.2025 within top 10 cases. 8. In case, affidavit of compliance is not filed by respondent no. 2 in the meantime, he shall appear before this Court. " 4. Mr. Sunil Bajpai, learned Standing Counsel appearing for the opposite party No. 2 filed application for exemption from personal appearance of the deponent as well as an application for grant of time. He also submitted that the opposite party No. 2 is suffering from fever since 10.05.2025, therefore, he visited Dr. Shyama Prasad Mukharji Civil Hospital, Hazratganj, Lucknow and medicines were given to him for fever, nousea and loose motions and he is on leave. 5. Considering the contents of the affidavit filed in support of the application for exemption from personal appearance, the same is hereby allowed. 6. Mr. Bajpai further submitted that in the affidavit filed in support of application for grant of time, is has been informed that a letter has already been written to the State Government on 06.05.2025 for creation of post of Principal in the college in question.

7. Learned counsel for the applicant submitted that review petition was filed by the State Government which was already dismissed on 07.05.2025 and in para 10 of the aforesaid order, it is mentioned that order No. MAO/43-1408-81/2013 dated 01.08.2013 was issued whereby the post of Principal in the institution was created and it was undisputed by the learned counsel for the parties before the Review Court order dated 07.05.2025 passed by the Hon'ble Single Judge in Civil Misc. Application Defective No. 42 of 2025. The order dated 07.05.2025 reads as under: "Order on Application for condonation of delay 1. Heard learned counsel for review petitioners and Mr. Sudhir Pande, learned counsel for opposite party no.1. 2. As per office report dated 29.04.2025, notice upon opposite party no.2 is deemed sufficient although no-one has put in appearance on their behalf. 3. Application has been filed seeking condonation of delay in challenging judgment and order dated 12.08.2024 passed in WRIT - A No. - 2706 of 2024. 4. Office has reported delay of 177 days in filing Review Petition as on 07.03.2025. 5. Upon perusal of reasons indicated in the affidavit filed in support of the application, it is evident that there is no explanation with regard to delay from 12.08.2024 till 03.09.2024. Opinion of Chief Standing Counsel also appears to have been given on 06.11.2024. Thereafter various inter departmental correspondence were held by opposite parties whereafter the application has been filed. 6. Learned counsel for the opposite party no.1 has opposed the delay condonation application with submission that there is no cogent explanation in the affidavit filed in support of the application which would require delay in filing Review Petition be condoned. 7. Reasons indicated in the affidavit filed in support of the application for condonation of delay are flimsy at their best. There has been no concerted effort by department for seeking review within the prescribed time. 8. Nonetheless, since learned counsel for review petitioners has indicated the aspect of error being apparent on the face of record of judgment, the delay in filing review petition is condoned. Order in memo of Review Application 1. Heard learned counsel for review petitioners and Mr. Sudhir Pande, learned counsel for opposite party no.1. 2. As per office report dated 29.04.2025, notice upon opposite party no.2 is deemed sufficient although no-one has put in appearance on their behalf. 3. Review Petition has been filed challenging judgment and order dated 12.08.2024. 4. Learned counsel for review petitioners submits that by means of aforesaid judgment and order, direction has been issued in nature of Mandamus to ensure payment of salary to petitioner(opposite party no.1 herein) on the post of Principal with effect from 10.11.1997. It is submitted that the entire basis of allowing the writ petition has been indicated in paragraph 8 of the judgment which in turn places reliance on paragraph-5 of the counter affidavit to record an admission on part of the State authorities that the post of Principal had been sanctioned. It is submitted that such a fact recorded in paragraph-8 of the judgment is erroneous since no such post of Principal was sanctioned in the School concerned and has also been noticed in the same paragraph-8 of the judgment itself. The said contradiction has thereafter been adjudicated upon in paragraph 9 of the judgment. It is therefore submitted that once this court had clearly indicated submissions made in counter affidavit that the post of Principal had not been created or sanctioned, there was no occasion to allow the writ petition. 5. Learned counsel for opposite party no.1 has refuted the submissions advanced by learned counsel for review-petitioners with submission that paragraph 5 of counter affidavit has clearly indicated order dated 01.08.2013 whereby post of Principal was created in School concerned. He has also adverted to aforesaid paragraph of counter affidavit filed in the writ petition to submit that the order number whereby post was created was also indicated therein and it was also stated in counter affidavit that the post was being created in pursuance of directions issued by this Court dated 22.05.2012 passed in Writ Petition No.26307 of 2010, Dhruv Narayan Singh versus State of U.P. & Ors. It is therefore submitted that since a specific statement had been clearly made in counter affidavit indicating not only the date but the number of the order as well whereby the post of Principal was sanctioned in the School concerned, there is no error in the judgment and order passed by this Court. 6. Upon consideration of the submissions advanced by learned counsel for the parties, it is evident that the entire basis of Review Petition is the averments made in paragraphs 5 and 7 of counter affidavit filed in the writ petition. 7. This Court has examined the aforesaid paragraphs of the counter affidavit filed in the writ petition. Paragraph-5 of counter affidavit which has clearly been referred to in paragraph-8 of impugned judgment has clearly indicated not only the date of order but also the number of the order itself whereby manpower for the institution has been sanctioned. The paragraph clearly indicates that the said order has been passed in pursuance of Government's Office Memorandum dated 15.06.2012 and also indicates a vacant sanctioned post of Principal in the institution. The contradiction that the post of Principal has not been created in the institution has subsequently been indicated in the last part of the same paragraph as well as in succeeding paragraphs. However, in the succeeding paragraphs, the denial of creation of post is on the basis that the Manager of the institution did not take any action to create the post of Principal. 8. Learned counsel for review petitioners has not been able to indicate any provision of law whereby Manager of the Institution has any role in creation of the post of Principal in the institution. 9. It is also evident from a perusal of impugned judgment and order that the said contradiction has not only been adverted to in paragraphs 8 and 9 of impugned judgment but has also been dealt with. 10. It is admitted by learned counsel for the parties that the aforesaid order number MA0/4308-81/2013-14 dated 01.08.2013 whereby the post of Principal in the institution is said to have been created, has been brought on record as Annexure no.1 to the Review Petition. 11. Considering the fact that the contradiction in counter affidavit filed by review-petitioners in the writ petition has already been dealt with in the impugned judgment and order and admittedly the order dated 01.08.2013 not being on record of the writ petition, this Court does not find any occasion to appreciate the same as additional evidence in review petition. 12. Considering aforesaid discussion, this Court does not find any error apparent on the face of record which would require any indulgence. 13. The Review Petition therefore being devoid of merits is dismissed. " 8. Considering the submissions of learned counsel for the parties and going through the order dated 07.05.2025 as well as the application for grant of time, as at the time of deciding the review, it was undisputed by the State Counsel that the post of Principal in the institution was created by order dated 01.08.2013, therefore, the application for grant of time filed by the opposite party No. 2 is hereby rejected. 9. List this case on 29.05.2025. 10. In case the affidavit of compliance is not filed by the next date of listing, the opposite party No. 2 i.e. Dr. Mahendra Dev, Director, Secondary Education, Government of U.P. shall appear in person before this Court on the next date for the purposes of framing of charges.

2. In pursuance of aforesaid order, Dr. Mahendra Dev, Director, Secondary Education, U.P., Lucknow is present and filed application for grant of time on the ground that response has already been made to Government for compliance of the order of the writ court.

3. Learned counsel for the applicant is permitted to implead Mr. Deepak Kumar, Additional Chief Secretary, Secondary Education, Government of U.P., Lucknow as respondent no.5, forthwith.

4. Issue notice to the respondent no.5.

5. List this case on 25.7.2025 at 11:30 A.M.

6. By the next date of listing, respondent nos.2 to 5 shall file affidavit of compliance.

7. In case, affidavit of compliance is not filed by the next date, respondent no.2 shall again appear before this Court. Order Date :- 29.5.2025 GauraV/-

1. Application for grant of time and application for exemption from personal appearance filed by the learned Standing Counsel on behalf of the opposite party No. 2 are taken on record. 2. The present application has been filed with the following prayer: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to initiate contempt proceedings against the above named opposite parties and to punish them for committing wilful , deliberate and intentional disobedience of the judgment and order dated 12.08.2024 passed by the Hon'ble High Court in Writ-A No. 2706 of 2024 in re: Praveen Singh Vs. State of U. P. and Others and punish them, after summoning them in person." 3. On 24.04.2025, the following order was passed: "1. Heard learned counsel for the applicant and learned Standing Counsel. 2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 12.08.2024 passed on Writ-A No. 2706 of 2024. 3. Learned counsel for the applicant submits that the order of writ Court has not been complied with till date. 4. It is evident from the record that notices have already been served on respondent no. 2, but till today, affidavit of compliance has not been filed. 5. Shri Amrendra Singh, learned Standing Counsel appearing for respondent no. 2 submits that review application is already filed, which is registered as Civil Misc. Review Application (D) No. 42 of 2025, in which notices have already been issued and the case is listed on 30.04.2025 at 2.15 p.m. It is, thus, submitted that the present contempt application may be deferred till the decision in the aforesaid review application. 6. From the copy of the order dated 21.04.2025 passed in aforesaid Civil Misc. Review Application (D) No. 42 of 2025 provided by learned Standing Counsel, it is evident that the delay has not been condoned. Therefore, merely on the basis of pendency of review application, the contempt proceedings cannot be deferred. 7. List this case on 12.05.2025 within top 10 cases. 8. In case, affidavit of compliance is not filed by respondent no. 2 in the meantime, he shall appear before this Court. " 4. Mr. Sunil Bajpai, learned Standing Counsel appearing for the opposite party No. 2 filed application for exemption from personal appearance of the deponent as well as an application for grant of time. He also submitted that the opposite party No. 2 is suffering from fever since 10.05.2025, therefore, he visited Dr. Shyama Prasad Mukharji Civil Hospital, Hazratganj, Lucknow and medicines were given to him for fever, nousea and loose motions and he is on leave. 5. Considering the contents of the affidavit filed in support of the application for exemption from personal appearance, the same is hereby allowed. 6. Mr. Bajpai further submitted that in the affidavit filed in support of application for grant of time, is has been informed that a letter has already been written to the State Government on 06.05.2025 for creation of post of Principal in the college in question.

7. Learned counsel for the applicant submitted that review petition was filed by the State Government which was already dismissed on 07.05.2025 and in para 10 of the aforesaid order, it is mentioned that order No. MAO/43-1408-81/2013 dated 01.08.2013 was issued whereby the post of Principal in the institution was created and it was undisputed by the learned counsel for the parties before the Review Court order dated 07.05.2025 passed by the Hon'ble Single Judge in Civil Misc. Application Defective No. 42 of 2025. The order dated 07.05.2025 reads as under: "Order on Application for condonation of delay 1. Heard learned counsel for review petitioners and Mr. Sudhir Pande, learned counsel for opposite party no.1. 2. As per office report dated 29.04.2025, notice upon opposite party no.2 is deemed sufficient although no-one has put in appearance on their behalf. 3. Application has been filed seeking condonation of delay in challenging judgment and order dated 12.08.2024 passed in WRIT - A No. - 2706 of 2024. 4. Office has reported delay of 177 days in filing Review Petition as on 07.03.2025. 5. Upon perusal of reasons indicated in the affidavit filed in support of the application, it is evident that there is no explanation with regard to delay from 12.08.2024 till 03.09.2024. Opinion of Chief Standing Counsel also appears to have been given on 06.11.2024. Thereafter various inter departmental correspondence were held by opposite parties whereafter the application has been filed. 6. Learned counsel for the opposite party no.1 has opposed the delay condonation application with submission that there is no cogent explanation in the affidavit filed in support of the application which would require delay in filing Review Petition be condoned. 7. Reasons indicated in the affidavit filed in support of the application for condonation of delay are flimsy at their best. There has been no concerted effort by department for seeking review within the prescribed time. 8. Nonetheless, since learned counsel for review petitioners has indicated the aspect of error being apparent on the face of record of judgment, the delay in filing review petition is condoned. Order in memo of Review Application 1. Heard learned counsel for review petitioners and Mr. Sudhir Pande, learned counsel for opposite party no.1. 2. As per office report dated 29.04.2025, notice upon opposite party no.2 is deemed sufficient although no-one has put in appearance on their behalf. 3. Review Petition has been filed challenging judgment and order dated 12.08.2024. 4. Learned counsel for review petitioners submits that by means of aforesaid judgment and order, direction has been issued in nature of Mandamus to ensure payment of salary to petitioner(opposite party no.1 herein) on the post of Principal with effect from 10.11.1997. It is submitted that the entire basis of allowing the writ petition has been indicated in paragraph 8 of the judgment which in turn places reliance on paragraph-5 of the counter affidavit to record an admission on part of the State authorities that the post of Principal had been sanctioned. It is submitted that such a fact recorded in paragraph-8 of the judgment is erroneous since no such post of Principal was sanctioned in the School concerned and has also been noticed in the same paragraph-8 of the judgment itself. The said contradiction has thereafter been adjudicated upon in paragraph 9 of the judgment. It is therefore submitted that once this court had clearly indicated submissions made in counter affidavit that the post of Principal had not been created or sanctioned, there was no occasion to allow the writ petition. 5. Learned counsel for opposite party no.1 has refuted the submissions advanced by learned counsel for review-petitioners with submission that paragraph 5 of counter affidavit has clearly indicated order dated 01.08.2013 whereby post of Principal was created in School concerned. He has also adverted to aforesaid paragraph of counter affidavit filed in the writ petition to submit that the order number whereby post was created was also indicated therein and it was also stated in counter affidavit that the post was being created in pursuance of directions issued by this Court dated 22.05.2012 passed in Writ Petition No.26307 of 2010, Dhruv Narayan Singh versus State of U.P. & Ors. It is therefore submitted that since a specific statement had been clearly made in counter affidavit indicating not only the date but the number of the order as well whereby the post of Principal was sanctioned in the School concerned, there is no error in the judgment and order passed by this Court. 6. Upon consideration of the submissions advanced by learned counsel for the parties, it is evident that the entire basis of Review Petition is the averments made in paragraphs 5 and 7 of counter affidavit filed in the writ petition. 7. This Court has examined the aforesaid paragraphs of the counter affidavit filed in the writ petition. Paragraph-5 of counter affidavit which has clearly been referred to in paragraph-8 of impugned judgment has clearly indicated not only the date of order but also the number of the order itself whereby manpower for the institution has been sanctioned. The paragraph clearly indicates that the said order has been passed in pursuance of Government's Office Memorandum dated 15.06.2012 and also indicates a vacant sanctioned post of Principal in the institution. The contradiction that the post of Principal has not been created in the institution has subsequently been indicated in the last part of the same paragraph as well as in succeeding paragraphs. However, in the succeeding paragraphs, the denial of creation of post is on the basis that the Manager of the institution did not take any action to create the post of Principal. 8. Learned counsel for review petitioners has not been able to indicate any provision of law whereby Manager of the Institution has any role in creation of the post of Principal in the institution. 9. It is also evident from a perusal of impugned judgment and order that the said contradiction has not only been adverted to in paragraphs 8 and 9 of impugned judgment but has also been dealt with. 10. It is admitted by learned counsel for the parties that the aforesaid order number MA0/4308-81/2013-14 dated 01.08.2013 whereby the post of Principal in the institution is said to have been created, has been brought on record as Annexure no.1 to the Review Petition. 11. Considering the fact that the contradiction in counter affidavit filed by review-petitioners in the writ petition has already been dealt with in the impugned judgment and order and admittedly the order dated 01.08.2013 not being on record of the writ petition, this Court does not find any occasion to appreciate the same as additional evidence in review petition. 12. Considering aforesaid discussion, this Court does not find any error apparent on the face of record which would require any indulgence. 13. The Review Petition therefore being devoid of merits is dismissed. " 8. Considering the submissions of learned counsel for the parties and going through the order dated 07.05.2025 as well as the application for grant of time, as at the time of deciding the review, it was undisputed by the State Counsel that the post of Principal in the institution was created by order dated 01.08.2013, therefore, the application for grant of time filed by the opposite party No. 2 is hereby rejected. 9. List this case on 29.05.2025. 10. In case the affidavit of compliance is not filed by the next date of listing, the opposite party No. 2 i.e. Dr. Mahendra Dev, Director, Secondary Education, Government of U.P. shall appear in person before this Court on the next date for the purposes of framing of charges.

2. In pursuance of aforesaid order, Dr. Mahendra Dev, Director, Secondary Education, U.P., Lucknow is present and filed application for grant of time on the ground that response has already been made to Government for compliance of the order of the writ court.

3. Learned counsel for the applicant is permitted to implead Mr. Deepak Kumar, Additional Chief Secretary, Secondary Education, Government of U.P., Lucknow as respondent no.5, forthwith.

4. Issue notice to the respondent no.5.

5. List this case on 25.7.2025 at 11:30 A.M.

6. By the next date of listing, respondent nos.2 to 5 shall file affidavit of compliance.

7. In case, affidavit of compliance is not filed by the next date, respondent no.2 shall again appear before this Court. Order Date :- 29.5.2025 GauraV/-