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Allahabad High Court

HARI SHANKAR TIWARIversusSUSHIL KUMAR MISHRA , DEPUTY INSPECTORAND ANOTHER

Decided

Holding

The court held that no contempt had arisen because the respondents had complied with the writ court's order to fix the petitioner’s pay.

Summary

The petitioner, Hari Shankar Tiwari, filed a writ under Article 226 seeking a mandamus directing the respondents to fix his basic pay and regular salary. The writ court, on 8 December 2020, ordered the respondents to consider his grievance and pass an appropriate order within three months. The respondents filed a compliance affidavit on 12 April 2022 stating that the pay fixation was effected on 30 December 2021, attaching the order as annexure. The applicant then moved a contempt application alleging non‑compliance with the writ order. The High Court examined the affidavit, found that the respondents had indeed complied with the directive, and held that no contempt had occurred. Consequently, the contempt application was dismissed and the contempt notice discharged.

Issues considered

  • What constitutes contempt of court in the context of alleged non‑compliance with a writ order under Article 226?

Subjects

  • contempt of court
  • Article 226
  • writ of mandamus
  • salary fixation
  • police service benefits
  • compliance affidavit

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 5753 of 2021

Hari Shankar Tiwari
                                                                    .....Applicant(s)
                                       Versus

Sushil Kumar Mishra , Deputy Inspectorand
Another                                                                 .....Opposite
                                                                              Party(s)

Counsel for Applicant(s)                         :   Lavlesh Kumar Shukla
Counsel for Opposite Party(s)                    :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. On 8.12.2020 the writ Court, while disposing of Writ-A No. 10986 of
2020, had passed the following order;

     "Heard Sri Lavlesh Kumar Shukla, learned counsel for the petitioner and
     Ms. Rajkumari for the contesting respondents.

     By means of this petition under Article 226 of the Constitution, the
     petitioner has prayed for following relief No.1 which is substantial one:-

     "1. Issue a writ, order or direction in the nature of mandamus
     commanding the respondents to fix the basic pay of the petitioner
     forthwith and to pay the salary by including all service benefits
     accordingly month to month every month regularly in favour of the
     petitioner."

     Learned Counsel for the petitioner has drawn the attention of this Court
     towards page No.25 of the writ petition which shows that he has
     demonstrated before the Commandant of the Battalion of Reserved Police
     Force the anomaly made in the pay-scale.

     The writ petition is disposed of with a direction to the respondent No.4 to
     consider the grievance of the petitioner and pass an appropriate order
     strictly in accordance with law within a period of three months from the
     date of production of copy of this order.
                                                                                                       CAPL No. 5753 of 2021
                                                                           2


                                              The copy of the order available on official website of this Court shall be
                                              treated to be genuine one, however, as and when the certified copy of the
                                              order is issued, the same shall also be submitted before the competent
                                              authority."

                                    2. In the compliance affidavit filed by the opposite party on 12.4.2022 it
                                    has been stated that order of writ Court has been complied with and pay-
                                    fixation has been done on 30.12.2021, copy of which has been brought on
                                    record as annexure No. 1 to the compliance affidavit.

                                    3. As the order of writ Court was only to the extent to consider and decide
                                    the grievance of the applicant which the authorities had done on
                                    30.12.2021, no case for contempt is made out.

                                    4. Contempt application is dismissed, accordingly. Contempt notice
                                    stands discharged.



                                                                                              (Rohit Ranjan Agarwal,J.)
                                    May 12, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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