Allahabad High Court

VYAS @ VED VYAS MISHRAversusAMIT KUMAR, EXECUTIVE ENGINEER, ELECTRICITY STORE DIVISION (PUVVNL)

Decided: 30 September 2026
Bench: VIKAS BUDHWAR

Holding

The Court held that the order of the Writ Court had been substantially complied with, and therefore the contempt application was consigned to the record.

Summary

Vyas @ Ved Vyas Mishra filed a contempt application alleging that Amit Kumar, Executive Engineer, willfully defied the High Court's order dated 6 February 2026 in Writ‑A No.1783 of 2026, which required the respondent to decide a retirement‑benefits representation within three months. The applicant later produced instructions dated 28 September 2026 showing that the representation had been decided. The Court examined whether the order had been complied with and whether contempt was established. Finding that the Writ Court's order had been substantially complied with, the Court consigned the contempt application to the record, allowing the applicant to raise any further grievance before the appropriate forum. The Court directed that a copy of the instructions be served on the applicant’s counsel.

Issues considered

Whether the respondent willfully defied the High Court's order dated 6 February 2026.
Whether the contempt application should be dismissed on the ground of substantial compliance with the order.

Subjects

civil contempt
contempt application
mandamus
retirement benefits
substantial compliance
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6342 of 2026

Vyas @ Ved Vyas Mishra
.....Applicant(s)
Versus

Amit Kumar, Executive Engineer, Electricity Store
Division (Puvvnl) .....Opposite
Party(s)

Counsel for Applicant(s) : Rakesh Kumar Mishra
Counsel for Opposite Party(s) :

Court No. - 53
HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated as well as Judgment and order dated 6.2.2026
passed in Writ-A No.1783 of 2026, order whereof is quoted herein
under:-

"1. Heard learned counsel for the petitioner, Sri Devesh Vikram, learned counsel for
respondent nos. 2 to 5 and learned Standing Counsel for the respondent-State.
2. The writ petition is filed with the following prayers:-
"i) issue, a writ, order or direction in the nature of mandamus directing the
respondents to pay the retiral benefits i.e. C.P.F., Gratuity, Leave Encashment and
Group Insurance etc. alongwith interest @ 18% P.A. forthwith to the petitioner.
ii) issue, a writ, order or direction in the nature of mandamus directing the
respondents to consider and take final decision in the matter of payment of retiral
benefits i.e. C.P.F. Gratuity Leave Encashment and Group Insurance of the petitioner
within specific period as fixed by this Hon'ble Court."
3. It is submitted by learned counsel for the petitioner that petitioner has filed a
representation dated 12.8.2025 before the respondent no. 5, however, till date the
aforesaid representation of the petitioner has not been decided by the concerned
authority.
4. Learned counsel for respondent no. 5 submits that the representation of the
petitioner would be decided by respondent no. 5 in accordance with law in a time
bound manner.
5. Considering the facts and circumstances of the case and the submissions of learned
counsel for the parties, it is hereby directed that respondent no. 5 shall decide the
CAPL No. 6342 of 2026
2

representation dated 12.8.2025 filed by the petitioner within a period of three months
from the date of production of certified copy of this order, failing which petitioner will
be entitled to interest @ 8 percent per annum upon expiry of three months till actual
payment is made.
6. With the aforesaid observation/direction, the writ petition stands disposed of."

2. Today, instructions have been produced dated 28.09.2026 by Sri
Devesh Vikram learned counsel annexing therewith the copy of the order
dated 12.02.2025, deciding the representation of the applicant.

3. Since the order of the Writ-Court has been substantially complied with,
the contempt application is consigned to record, leaving it open for the
applicant to question the same before appropriate forum.

4. Let a copy of the instructions be served upon the counsel for the applicant.

5. Instructions filed today are taken on record and marked as Appendix 'A'.

(Vikas Budhwar,J.)
October 1, 2026
N.S.Rathour

Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

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