High Court

Applicant :- Virendra Opposite Party :- Sri Kumar Prashant, Director Social Welfare Deptt. Lko. Counsel for Applicant :- Ajay Madhavan Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicant and Sri Shailendra Singh, learned Chief Standing Counsel assisted by Sri Anirudha Singh for the State.

2. On 21.05.2025, following order was passed : "1. On 29.4.2025, 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 orders dated 28.08.2024 and 05.03.2024 passed on Writ-A No. 6955 of 2024 and Writ-A No. 25590 of 2018 respectively.

3. Shri Ramswaroop, learned Standing Counsel files the application for discharge of notice duly sworn by the respondent-Mr. Kumar Prashant, Director, Department of Social Welfare, U.P., Lucknow, which is taken on record.

4. Learned counsel for the applicant submits that the applicant was initially engaged in Tarai Anusuchit Janjati Vikas Nigam Ltd., U.P. (controlled by State Government). Thereafter, services of the applicant was absorbed in Social Welfare Works Department, U.P. vide order dated 30th December, 1999 and in pursuance of the Government Order dated 11.08.2008, the services prior to the merger were counted for giving financial benefit to the applicant, however, the said benefit was revoked by the authorities vide orders dated 04.01.2018 and 01.08.2018. It is further submitted that the aforesaid orders were challenged before the writ Court in Writ-A No. 25590 of 2018 and after exchange of affidavit and hearing the learned counsel appearing for both the parties, aforesaid writ petition was allowed vide order dated 05.03.2024 and both the impugned orders were quashed. It is also submitted that the aforesaid order was communicated to the respondent, but when the benefit of the order was not given to the applicant, he again preferred Writ-A No. 6955 of 2024, which was disposed of vide order dated 28.08.2024 directing the respondents to take decision in the case of the applicant. It is submitted that till today, decision in the case of the applicant has not been taken by the respondent in pursuance of the order dated 05.03.2024 passed in Writ-A No. 25590 of 2018 and the order dated 28.08.2024 passed in Writ-A No. 6955 of 2024. It is also submitted that the affidavit of compliance was filed by the respondent- Mr. Kumar Prashant, Director, Social Welfare Department, Government of U.P. on 19.02.2025 with the averment that earlier services of the applicant cannot be counted for giving financial benefits to him. However, drawing the attention of the Court towards the Para 2 of the Government Order dated 11.08.2008, which is annexed with the affidavit of compliance filed today, it is submitted that the said Government Order clearly provides that after absorption, the benefits of earlier services can be counted for extending the financial benefit. Submission of the learned counsel for the applicant is that the respondent is deliberately violating the order passed by the writ Court in the aforesaid writ petitions.

5. Shri Ramswaroop, learned Standing Counsel appearing for the respondent submits that the applicant is only entitled to get the seniority from the date of joining and his earlier services rendered in Anusuchit Janjati Vikas Nigam cannot be counted. However, learned Standing Counsel is unable to show any such provision in the Government Order dated 11.08.2008, rather the said Government Order speaks that the earlier services would be counted.

6. In such circumstances, the contents of affidavit of compliance filed on 19.02.2025 as well as application for discharge of notice filed today are contrary to the directions issued by the writ Court in Writ-A No. 25590 of 2018 and in Writ- A No. 6955 of 2024 and, therefore, affidavit of compliance filed on 19.02.2025 as well as application for discharge of notice are hereby rejected.

7. List this case on 21.05.2025 at 11.30 a.m.

8. The respondent is directed to file fresh affidavit of compliance, failing which, he shall appear before this Court for the purpose of framing of charges."

2. Sri Aniruddh Singh, learned Standing Counsel filed application for deferment of the contempt proceedings on the ground that permission has already been granted by the State Government for filing Special Appeal against the order of the writ court, same is taken on record.

3. Considering the contents of the order passed by this Court on 29.4.2025 as well as application for deferment filed by the respondent, it is evident that earlier two affidavits of compliance filed by the respondent were already rejected on 29.4.2025 and merely on the ground that permission has been granted by the State Government for filing Special Appeal, contempt proceedings cannot be deferred, accordingly, application for deferment filed by the respondent is hereby, rejected.

4. At this stage, Sri Shailendra Singh, learned Chief Standing Counsel requested for some time to file better affidavit enclosing the scheme under which applicant was absorbed in the Social Welfare Department.

5. List this case on 27.5.2025 at 11:30 A.M.

6. Officer present today, shall again appear in terms of earlier order dated 29.4.2025."

3. Sri Kumar Prashant, Director, Social Welfare Department, Lucknow., who is present before this Court, filed short counter affidavit, which is taken on record. Learned Chief Standing Counsel submitted that while deciding Writ A No.25590 of 2018 on 05.03.2024, learned writ court has wrongly appreciated the Government Order dated 11.08.2008, which was not applicable in the case of applicant. The order dated 05.03.2024 passed by writ Court in Writ A No.25590 of 2018 is reproduced as under : "Petitioner was initially appointed as Gram Vikas Adhikari in Tarai Anushuchit Janjati Vikas Nigam Ltd. Lucknow in the year 1982. This corporation apparently was wound up and the services of the petitioner got absorbed as Gram Vikas Adhikari in the Social Welfare Department, State of U.P. in the year 1999. The services of the petitioner from the year 1982 onwards were counted for the purposes of grant of promotional pay scale under the ACP scheme. The financial controller in the office of Director Samaj Kalyan has passed an order on 8.2.2017 holding that services of petitioner from 1999 alone could be counted for the purposes of promotional benefit under the ACP scheme and the petitioner's pay has been unilaterally reduced vide said order. The order specifically does not refer to the period of working from 1982 to 1999 but merely restricts the benefit of promotional pay scale from 1999 only. This order is challenged in the present writ petition. Learned counsel for the petitioner states that unilateral redetermination of petitioner's pay scale, in the facts and circumstances of the case, is wholly arbitrary inasmuch as the previous working of petitioner from 1982 to 1999 was rightly counter earlier in terms of the Government Order dated 11.8.2008. Counter affidavit has been filed stating that the period between 1982 to 1999 ought not be counted for the purposes of grant of promotional pay scale. A perusal of the orders impugned dated 04.01.2018 & 01.08.2018 notices that the petitioner was absorbed in the office of Directorate, Social Welfare Department in Grade pay of Rs. 3200-85-4900 vide order dated 25.06.1999. However no justification is put forth by the respondents for denying the previous working of petitioner on the same post. It is not the case of the respondents that the petitioner has been offered absorption on a higher post. Once the continuation of petitioner on account of absorption was on the same post, which carries same scale of pay, there would apparently be no justification for the respondent to deny inclusion of previous services for the purposes of grant of promotional pay scale. Inclusion of previous working is in accord with the government order dated 11.8.2008, which has not been dealt with while withdrawing the benefit granted earlier. Writ petition accordingly succeeds and is allowed. Orders dated 04.01.2018 & 01.08.2018 passed by respondent nos. 2 & 3 respectively (Annexure-3 & 4 to the writ petition) stand quashed."

4. It is admitted case of the respondent-officer that no review petition was filed against the order of writ court dated 05.03.2024. The respondent-officer further submitted that Special Appeal has been preferred against the order of the writ court dated 05.03.2024, which is listed on 29.05.2025. He also requested that the matter may be listed after 29.05.2025.

5. List this case on 30.05.2025 at 2.30 PM. The respondent- officer, who is present today, shall again appear before this Court on the next date. Order Date :- 27.5.2025. Rks.

Applicant :- Virendra Opposite Party :- Sri Kumar Prashant, Director Social Welfare Deptt. Lko. Counsel for Applicant :- Ajay Madhavan Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicant and Sri Shailendra Singh, learned Chief Standing Counsel assisted by Sri Anirudha Singh for the State.

2. On 21.05.2025, following order was passed : "1. On 29.4.2025, 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 orders dated 28.08.2024 and 05.03.2024 passed on Writ-A No. 6955 of 2024 and Writ-A No. 25590 of 2018 respectively.

3. Shri Ramswaroop, learned Standing Counsel files the application for discharge of notice duly sworn by the respondent-Mr. Kumar Prashant, Director, Department of Social Welfare, U.P., Lucknow, which is taken on record.

4. Learned counsel for the applicant submits that the applicant was initially engaged in Tarai Anusuchit Janjati Vikas Nigam Ltd., U.P. (controlled by State Government). Thereafter, services of the applicant was absorbed in Social Welfare Works Department, U.P. vide order dated 30th December, 1999 and in pursuance of the Government Order dated 11.08.2008, the services prior to the merger were counted for giving financial benefit to the applicant, however, the said benefit was revoked by the authorities vide orders dated 04.01.2018 and 01.08.2018. It is further submitted that the aforesaid orders were challenged before the writ Court in Writ-A No. 25590 of 2018 and after exchange of affidavit and hearing the learned counsel appearing for both the parties, aforesaid writ petition was allowed vide order dated 05.03.2024 and both the impugned orders were quashed. It is also submitted that the aforesaid order was communicated to the respondent, but when the benefit of the order was not given to the applicant, he again preferred Writ-A No. 6955 of 2024, which was disposed of vide order dated 28.08.2024 directing the respondents to take decision in the case of the applicant. It is submitted that till today, decision in the case of the applicant has not been taken by the respondent in pursuance of the order dated 05.03.2024 passed in Writ-A No. 25590 of 2018 and the order dated 28.08.2024 passed in Writ-A No. 6955 of 2024. It is also submitted that the affidavit of compliance was filed by the respondent- Mr. Kumar Prashant, Director, Social Welfare Department, Government of U.P. on 19.02.2025 with the averment that earlier services of the applicant cannot be counted for giving financial benefits to him. However, drawing the attention of the Court towards the Para 2 of the Government Order dated 11.08.2008, which is annexed with the affidavit of compliance filed today, it is submitted that the said Government Order clearly provides that after absorption, the benefits of earlier services can be counted for extending the financial benefit. Submission of the learned counsel for the applicant is that the respondent is deliberately violating the order passed by the writ Court in the aforesaid writ petitions.

5. Shri Ramswaroop, learned Standing Counsel appearing for the respondent submits that the applicant is only entitled to get the seniority from the date of joining and his earlier services rendered in Anusuchit Janjati Vikas Nigam cannot be counted. However, learned Standing Counsel is unable to show any such provision in the Government Order dated 11.08.2008, rather the said Government Order speaks that the earlier services would be counted.

6. In such circumstances, the contents of affidavit of compliance filed on 19.02.2025 as well as application for discharge of notice filed today are contrary to the directions issued by the writ Court in Writ-A No. 25590 of 2018 and in Writ- A No. 6955 of 2024 and, therefore, affidavit of compliance filed on 19.02.2025 as well as application for discharge of notice are hereby rejected.

7. List this case on 21.05.2025 at 11.30 a.m.

8. The respondent is directed to file fresh affidavit of compliance, failing which, he shall appear before this Court for the purpose of framing of charges."

2. Sri Aniruddh Singh, learned Standing Counsel filed application for deferment of the contempt proceedings on the ground that permission has already been granted by the State Government for filing Special Appeal against the order of the writ court, same is taken on record.

3. Considering the contents of the order passed by this Court on 29.4.2025 as well as application for deferment filed by the respondent, it is evident that earlier two affidavits of compliance filed by the respondent were already rejected on 29.4.2025 and merely on the ground that permission has been granted by the State Government for filing Special Appeal, contempt proceedings cannot be deferred, accordingly, application for deferment filed by the respondent is hereby, rejected.

4. At this stage, Sri Shailendra Singh, learned Chief Standing Counsel requested for some time to file better affidavit enclosing the scheme under which applicant was absorbed in the Social Welfare Department.

5. List this case on 27.5.2025 at 11:30 A.M.

6. Officer present today, shall again appear in terms of earlier order dated 29.4.2025."

3. Sri Kumar Prashant, Director, Social Welfare Department, Lucknow., who is present before this Court, filed short counter affidavit, which is taken on record. Learned Chief Standing Counsel submitted that while deciding Writ A No.25590 of 2018 on 05.03.2024, learned writ court has wrongly appreciated the Government Order dated 11.08.2008, which was not applicable in the case of applicant. The order dated 05.03.2024 passed by writ Court in Writ A No.25590 of 2018 is reproduced as under : "Petitioner was initially appointed as Gram Vikas Adhikari in Tarai Anushuchit Janjati Vikas Nigam Ltd. Lucknow in the year 1982. This corporation apparently was wound up and the services of the petitioner got absorbed as Gram Vikas Adhikari in the Social Welfare Department, State of U.P. in the year 1999. The services of the petitioner from the year 1982 onwards were counted for the purposes of grant of promotional pay scale under the ACP scheme. The financial controller in the office of Director Samaj Kalyan has passed an order on 8.2.2017 holding that services of petitioner from 1999 alone could be counted for the purposes of promotional benefit under the ACP scheme and the petitioner's pay has been unilaterally reduced vide said order. The order specifically does not refer to the period of working from 1982 to 1999 but merely restricts the benefit of promotional pay scale from 1999 only. This order is challenged in the present writ petition. Learned counsel for the petitioner states that unilateral redetermination of petitioner's pay scale, in the facts and circumstances of the case, is wholly arbitrary inasmuch as the previous working of petitioner from 1982 to 1999 was rightly counter earlier in terms of the Government Order dated 11.8.2008. Counter affidavit has been filed stating that the period between 1982 to 1999 ought not be counted for the purposes of grant of promotional pay scale. A perusal of the orders impugned dated 04.01.2018 & 01.08.2018 notices that the petitioner was absorbed in the office of Directorate, Social Welfare Department in Grade pay of Rs. 3200-85-4900 vide order dated 25.06.1999. However no justification is put forth by the respondents for denying the previous working of petitioner on the same post. It is not the case of the respondents that the petitioner has been offered absorption on a higher post. Once the continuation of petitioner on account of absorption was on the same post, which carries same scale of pay, there would apparently be no justification for the respondent to deny inclusion of previous services for the purposes of grant of promotional pay scale. Inclusion of previous working is in accord with the government order dated 11.8.2008, which has not been dealt with while withdrawing the benefit granted earlier. Writ petition accordingly succeeds and is allowed. Orders dated 04.01.2018 & 01.08.2018 passed by respondent nos. 2 & 3 respectively (Annexure-3 & 4 to the writ petition) stand quashed."

4. It is admitted case of the respondent-officer that no review petition was filed against the order of writ court dated 05.03.2024. The respondent-officer further submitted that Special Appeal has been preferred against the order of the writ court dated 05.03.2024, which is listed on 29.05.2025. He also requested that the matter may be listed after 29.05.2025.

5. List this case on 30.05.2025 at 2.30 PM. The respondent- officer, who is present today, shall again appear before this Court on the next date. Order Date :- 27.5.2025. Rks.