High Court

Sri Kuldeep Pati Tripathi, learned Additional Advocate General has submitted that the affidavit was sworn on 10.02.2025 and on 11.02.2025, Special Appeal (D) No. 59 of 2025 has been filed which is listed along with the Bunch of Special Appeals tomorrow i.e. 20.02.2025. It is further submitted that since the Special Appeal has been filed, so the contempt proceedings may be deferred till the decision in the Special Appeal. It is further submitted that the compliance order is to be passed with the approval of the Principal Secretary (Finance) though Sri Deepak Kumar, Additional Chief Secretary/Principal Secretary to the Department of Finance is arrayed as respondent no. 2 but the Department has wrongly been shown as Department of Revenue, so in the capacity of Principal Secretary, Finance, no notice is served upon the respondent no. 2. On the other hand, learned counsel for the applicant has submitted that due to typographical error, the Department of Revenue has been shown in front of the name of respondent no. 2 whereas it is Department of Finance and requested that he may be permitted to correct the Department as far as it is related to respondent no. 2 during course of the day. As prayed, learned counsel for the applicant is permitted to make necessary amendment/incorporation in the array of the respondents during course of the day. As per the Office report dated 10.02.2025, the notice upon the respondent no. 2 is unserved. Learned Additional Advocate General has very fairly submitted that the learned counsel for the applicant may be permitted to provide the notice for respondent no. 2 to the learned Standing Counsel in place of issuing notice in the matter, treating it as service of notice upon the respondent no. 2. Learned counsel for the applicant prays for and is granted three days' time for providing copy of the contempt application to Sri Kuldeep Pati Tripathi, learned Additional Advocate General. Sri Tripathi has further submitted that the matter is under consideration, as such some time may be granted for filing affidavit and in the meantime it is expected that some order may also be passed in the Special Appeal which is listed tomorrow. As prayed, three weeks' time is granted for filing affidavit failing which the respondent nos. 1 & 2 shall appear in person before this Court. List this case in the week commencing 17.03.2025.

3. Affidavit of compliance filed by Mr. P. Guruprasad, Principal Secretary, Department of Revenue, Government of U.P., Lucknow is taken on record.

4. Application for deferment of the contempt application is also filed duly sworn by Mr. Deepak Kumar, Additional Chief Secretary, Department of Finance, Government of U.P., Lucknow relying on the certain judgment that once the Special Appeal is filed contempt proceeding should be deferred but it is evident from the judgment of Hon'ble Apex Court relied by learned Standing Counsel that in the said Special Appeal repeated efforts were made for expedite disposal of the same. However, in the present case, Special Appeal was filed after about five months from filing of the contempt application and delay has not been condoned till today and it is undisputed fact that in the leading case the Special Appeal is already admitted but order of the writ court is already complied with subject to the decision of Special Appeal, therefore, both the affidavits filed by learned standing counsel are hereby rejected.

5. List on 1.4.2025.

6. By the next date of listing, affidavit of compliance be filed by the respondent authorities and the relevant record be also produced before this Court.”

2. Mr. Subhash, Review Officer, Department of Revenue, Mr. Vijay Prakash Govil, Section Officer, Depart of Revenue, Lucknow and Mr. Rehan Ahmad Siddiqui, Consolidation Officer, Consolidation Directorate, U.P., Lucknow are present before this Court along with relevant record.

3. The aforesaid orders were communicated by the learned Standing Counsel to the respondents, in pursuance of which, written instructions dated 28.03.2025 duly signed by Mr. Pushpraj, Special Secretary, Department of Finance, Lucknow dated 28.03.2025 as well as letter dated

29.03.2025 written by Mr. Om Prakash Yadav, Joint Secretary and Mr. Vijay Prakash Govil, Section Officer, Department of Revenue are placed before this Court. It is requested that the contempt proceedings may be deferred on the ground that Special Appeal (D) Nos. 59 of 2025 and 60 of 2025 are pending before the Division Bench of this Court.

4. The aforesaid record reveals that vide Noting Nos. 70 to 81, request was forwarded by the Revenue Department to the Finance Department for grant of approval for payment of grade pay of Rs.2400/- from 11.01.2016, subject to decision in the pending Special Appeal. It is informed that in identical circumstances, orders for payment of grade pay of Rs.2400/- were passed by the writ Court in different petitions, against which, Special Appeals were also preferred. However, after initiation of contempt proceedings, grade pay of Rs.2400/- was paid to the applicants therein with the approval of the Finance Department, subject to decision of pending Special Appeals.

5. However, in the present case, ignoring the recommendation of the Revenue Department for equal treatment, Finance Department vide Noting No. 112 dated

10.03.2025 advised for moving deferment application before this Court. It is informed that earlier also, an application for deferment was filed, which was rejected vide order dated 19.03.2025. Thereafter, again vide Noting Nos. 119 to 129, Department of Revenue recommended for grant of approval for payment of grade pay of Rs.2400/-, as in the identical circumstances, it was given to other persons, subject to decision of their pending Special Appeal. However, it is again opined by the Finance Department for moving deferment application.

6. Shri Aniruddh Singh, learned Standing Counsel, though submits that in the present case, Special Appeal (D) No. 59/2025 filed against the order of the writ Court dated

21.08.2024 passed in Writ-A No. 6647 of 2024 has been connected with Special Appeal (D) No. 60/2025 and both the said appeals were connected with pending Special Appeal (D) No. 375 of 2022, in which, delay has been condoned. However, it is not disputed that during the pendency of the said Special Appeal (D) No. 375 of 2022, the order of the writ Court has been complied with, subject to the decision of the said Special Appeal.

7. In view of above facts, it is evident that the deferment application has already been rejected vide order dated

19.03.2025. It is also evident from the record that the State Government is not doing any effective pairvi for deciding the pending Special Appeal, as admittedly, the delay has not been condoned till today.

8. List this case again on 21.04.2025.

9. By the next date of listing, either affidavit of compliance be filed by the respondent-officials or some positive order be placed before this Court passed in the aforesaid pending Special Appeals, failing which, charges shall be framed against the respondents, who shall appear before this Court on the next date. Order Date :- 1.4.2025 VKS

Sri Kuldeep Pati Tripathi, learned Additional Advocate General has submitted that the affidavit was sworn on 10.02.2025 and on 11.02.2025, Special Appeal (D) No. 59 of 2025 has been filed which is listed along with the Bunch of Special Appeals tomorrow i.e. 20.02.2025. It is further submitted that since the Special Appeal has been filed, so the contempt proceedings may be deferred till the decision in the Special Appeal. It is further submitted that the compliance order is to be passed with the approval of the Principal Secretary (Finance) though Sri Deepak Kumar, Additional Chief Secretary/Principal Secretary to the Department of Finance is arrayed as respondent no. 2 but the Department has wrongly been shown as Department of Revenue, so in the capacity of Principal Secretary, Finance, no notice is served upon the respondent no. 2. On the other hand, learned counsel for the applicant has submitted that due to typographical error, the Department of Revenue has been shown in front of the name of respondent no. 2 whereas it is Department of Finance and requested that he may be permitted to correct the Department as far as it is related to respondent no. 2 during course of the day. As prayed, learned counsel for the applicant is permitted to make necessary amendment/incorporation in the array of the respondents during course of the day. As per the Office report dated 10.02.2025, the notice upon the respondent no. 2 is unserved. Learned Additional Advocate General has very fairly submitted that the learned counsel for the applicant may be permitted to provide the notice for respondent no. 2 to the learned Standing Counsel in place of issuing notice in the matter, treating it as service of notice upon the respondent no. 2. Learned counsel for the applicant prays for and is granted three days' time for providing copy of the contempt application to Sri Kuldeep Pati Tripathi, learned Additional Advocate General. Sri Tripathi has further submitted that the matter is under consideration, as such some time may be granted for filing affidavit and in the meantime it is expected that some order may also be passed in the Special Appeal which is listed tomorrow. As prayed, three weeks' time is granted for filing affidavit failing which the respondent nos. 1 & 2 shall appear in person before this Court. List this case in the week commencing 17.03.2025.

3. Affidavit of compliance filed by Mr. P. Guruprasad, Principal Secretary, Department of Revenue, Government of U.P., Lucknow is taken on record.

4. Application for deferment of the contempt application is also filed duly sworn by Mr. Deepak Kumar, Additional Chief Secretary, Department of Finance, Government of U.P., Lucknow relying on the certain judgment that once the Special Appeal is filed contempt proceeding should be deferred but it is evident from the judgment of Hon'ble Apex Court relied by learned Standing Counsel that in the said Special Appeal repeated efforts were made for expedite disposal of the same. However, in the present case, Special Appeal was filed after about five months from filing of the contempt application and delay has not been condoned till today and it is undisputed fact that in the leading case the Special Appeal is already admitted but order of the writ court is already complied with subject to the decision of Special Appeal, therefore, both the affidavits filed by learned standing counsel are hereby rejected.

5. List on 1.4.2025.

6. By the next date of listing, affidavit of compliance be filed by the respondent authorities and the relevant record be also produced before this Court.”

2. Mr. Subhash, Review Officer, Department of Revenue, Mr. Vijay Prakash Govil, Section Officer, Depart of Revenue, Lucknow and Mr. Rehan Ahmad Siddiqui, Consolidation Officer, Consolidation Directorate, U.P., Lucknow are present before this Court along with relevant record.

3. The aforesaid orders were communicated by the learned Standing Counsel to the respondents, in pursuance of which, written instructions dated 28.03.2025 duly signed by Mr. Pushpraj, Special Secretary, Department of Finance, Lucknow dated 28.03.2025 as well as letter dated

29.03.2025 written by Mr. Om Prakash Yadav, Joint Secretary and Mr. Vijay Prakash Govil, Section Officer, Department of Revenue are placed before this Court. It is requested that the contempt proceedings may be deferred on the ground that Special Appeal (D) Nos. 59 of 2025 and 60 of 2025 are pending before the Division Bench of this Court.

4. The aforesaid record reveals that vide Noting Nos. 70 to 81, request was forwarded by the Revenue Department to the Finance Department for grant of approval for payment of grade pay of Rs.2400/- from 11.01.2016, subject to decision in the pending Special Appeal. It is informed that in identical circumstances, orders for payment of grade pay of Rs.2400/- were passed by the writ Court in different petitions, against which, Special Appeals were also preferred. However, after initiation of contempt proceedings, grade pay of Rs.2400/- was paid to the applicants therein with the approval of the Finance Department, subject to decision of pending Special Appeals.

5. However, in the present case, ignoring the recommendation of the Revenue Department for equal treatment, Finance Department vide Noting No. 112 dated

10.03.2025 advised for moving deferment application before this Court. It is informed that earlier also, an application for deferment was filed, which was rejected vide order dated 19.03.2025. Thereafter, again vide Noting Nos. 119 to 129, Department of Revenue recommended for grant of approval for payment of grade pay of Rs.2400/-, as in the identical circumstances, it was given to other persons, subject to decision of their pending Special Appeal. However, it is again opined by the Finance Department for moving deferment application.

6. Shri Aniruddh Singh, learned Standing Counsel, though submits that in the present case, Special Appeal (D) No. 59/2025 filed against the order of the writ Court dated

21.08.2024 passed in Writ-A No. 6647 of 2024 has been connected with Special Appeal (D) No. 60/2025 and both the said appeals were connected with pending Special Appeal (D) No. 375 of 2022, in which, delay has been condoned. However, it is not disputed that during the pendency of the said Special Appeal (D) No. 375 of 2022, the order of the writ Court has been complied with, subject to the decision of the said Special Appeal.

7. In view of above facts, it is evident that the deferment application has already been rejected vide order dated

19.03.2025. It is also evident from the record that the State Government is not doing any effective pairvi for deciding the pending Special Appeal, as admittedly, the delay has not been condoned till today.

8. List this case again on 21.04.2025.

9. By the next date of listing, either affidavit of compliance be filed by the respondent-officials or some positive order be placed before this Court passed in the aforesaid pending Special Appeals, failing which, charges shall be framed against the respondents, who shall appear before this Court on the next date. Order Date :- 1.4.2025 VKS