Allahabad High Court
HARI SHANKAR TIWARIversusSUSHIL KUMAR MISHRA , DEPUTY INSPECTORAND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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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