Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3256 (ALL)

Head Cons. C. P. C. Ramgati Prasad v. R. K. Chaturvedi, D. I. G. Of Police Gorakhpur Zone

2015-10-15

VIVEK KUMAR BIRLA

body2015
JUDGMENT Vivek Kumar Birla, J. Heard learned counsel for the applicant. 2. The present application has been filed with the allegations that the opposite party has wilfully and deliberately disobeyed the order dated 18.10.2012 passed by the Writ Court in Writ-A No. 49052 of 2012 (Ramgati Prasad vs. State of U.P. and others). The aforesaid order is quoted as under: "This writ petition has been filed by the petitioner for a direction in the nature of mandamus to the respondents to grant him pay scale on completion of 26 years of service with effect from 2004 in place of 2010. According to the petitioner, by order dated 24.4.2011 he has been granted the benefit of scale of pay on completion of 26 years of service with effect from 1.7.2010. According to him, he is entitled to the same from 2004. In this regard, the petitioner has also submitted a representation. This writ petition is disposed of with a direction that if the petitioner prefers a representation within 15 days from today along with a certified copy of this order, before the respondent no.2, Deputy Inspector General of Police, Gorakhpur, Region Gorakhpur, the same shall be decided by the respondent no.2 within a further period of one month by a reasoned and speaking order strictly in accordance with law" 3. It has been alleged that although the copy of the order was served to the opposite party on 29.10.2012 but there is not receiving of the same. Subsequently, the applicant-petitioner filed another writ petition being Writ Petition No. 55936 of 2015 for the same cause of action, which was dismissed as not maintainable vide judgement and order dated 30.9.2015. 4. The Stamp Reporter has reported a delay of one year and 314 days. 5. In such view of the matter, the present application is hit by Section 20 of the Contempt of Courts Act,1971 and is accordingly dismissed. ……………..