Allahabad High Court
MANOJ NISHADversusUPENDRA KUMAR, DISTRICT INSPECTOR OF SCHOOLS AZAMGARH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is dismissed as infructuous because the order of the writ court has been complied with.
Summary
The High Court had earlier directed the District Inspector of Schools, Azamgarh, to decide a representation filed by the petitioner regarding post-retirement benefits within eight weeks. The petitioner filed a contempt application alleging non‑compliance with that direction. The respondent submitted an affidavit showing that the representation was decided on 04‑05‑2026 and Rs.11,83,350 was paid to the petitioner. The Court found that the order of the writ court had been fully complied with, rendering the contempt petition moot. Consequently, the contempt application and the associated non‑bailable warrant were dismissed and discharged.
Issues considered
- Whether the contempt application is maintainable when the order of the writ court has been complied with
- Whether the non‑bailable warrant issued in the contempt proceedings should remain in force
Subjects
- contempt of court
- writ of mandamus
- post‑retirement benefits
- compliance with court order
- non‑bailable warrant
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6363 of 2025
Manoj Nishad
.....Applicant(s)
Versus
Upendra Kumar, District Inspector Of Schools
Azamgarh .....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Dwivedi, Deepankar
Dwivedi
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Mr. Manoj Kumar, In-Charge District Inspector of Schools, Azamgarh
is present in the Court today, who is identified by Ms. Rachna Tiwari,
learned counsel on behalf of opposite party.
2. The writ Court, on 03.07.2025, while disposing of Writ-A No.8657 of
2025 had required the opposite party that in case a detailed representation
was filed, it was to be decided and following order was passed:-
"1. The instant writ petition has been filed seeking following main
prayer:-
"Issue a writ, order or direction in the nature of mandamus commanding
the respondents to pay post retiral benefits to the petitioner including
complete amount of G.P.F., Gratuity, Insurance and other dues with 12%
interest within stipulated period as may be specified by this Court."
2. Learned counsel appearing on behalf of petitioner without entering
into merits of the case, made innocuous prayer that his representation
dated 10.02.2025, which is pending before respondent no.3, may be
directed to be decided in time bound manner.
3. Learned Standing counsel appearing on behalf of State-respondents
vehemently opposed the petition on merit, but has not opposed the prayer
as made by learned counsel appearing on behalf of the petitioner.
4. Heard Sri Ashok Kumar Dwivedi, learned counsel appearing on behalf
of the petitioner and Sri R.P. Tiwari, learned Standing Counsel appearing
CAPL No. 6363 of 2025
2
on behalf of the State and perused the contents made in the writ petition.
5. Without entering into merits of the case, I am inclined to allow the
innocuous prayer made by learned counsel appearing on behalf of the
petitioner as no objection made on behalf of learned Standing counsel
appearing on behalf of State-respondents. Learned counsel for the
petitioner is directed to file a fresh detailed representation along with the
present writ petition as well as certified copy of this order before
respondent no.3, District Inspector of Schools, Azamgarh within 10 days
from today. After receiving the said representation, respondent no.3 is
directed to decide the said representation in accordance with law,
expeditiously, preferably within a period of eight weeks from the date of
receiving of the said representation.
6. With the aforesaid directions/observations, the present writ petition is
disposed of. "
3. An affidavit of compliance has been filed today, wherein in paragraphs
8 and 9, it has been stated that the representation has been decided and an
amount of Rs.11,83,350/- has been paid to the applicant.
4. As the order of the writ Court was only to the extent to decide the
representation in case it was filed, the authorities have decided the said
representation on 04.05.2026 and have also made the payment to the
applicant, copy of which, has been brought on record as Annexures 2 and
3 to the said affidavit.
5. In view of the said fact as the order of the writ Court has been complied
with, present contempt application is rendered infructuous and the same
stands dismissed.
6. Non-bailable warrant stands discharged.
(Rohit Ranjan Agarwal,J.)
May 5, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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