The Allahabad High Court on Tuesday ordered the Regional Higher Education Officer Dr Yogendra Singh to consider the representation given by petitioner Yogesh Tiwari regarding pension and take a decision in 6 weeks.
A single-judge bench of Justice Prakash Padia passed this order while hearing a contempt application filed by Yogesh Tiwari, who sought a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated August 13, 2021.
In this case, the petitioner said that he has given a representation to the Regional Higher Education Officer regarding the benefit of old pension on which no decision is being taken.
Against this, he filed a petition in the High Court. On August 13, 2021, the Court ordered that a decision should be taken on the petitioner’s representation in two months. Despite this, no decision has been taken yet.
The counsel for the applicant submitted that a copy of the order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
“Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of the order,” the Court observed.
The Court ordered, “The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks. The office shall send a copy of the order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof.”
“The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelope within a week, thereafter.:
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned, the court said.