Daya Ram Verma vs Sri Kumar Harsh, Distt. Magistrate ...

1. Heard Sri Anil Kumar Pandey, the learned counsel for the applicant and Sri Mohit Jauhari, the learned State counsel.

2. The instant application/petition under Section 12 of the Contempt of Courts Act, 1971 has been filed alleging willful disobedience of the order of this Court dated 17.12.2025 passed in Writ-A No. 14580 of 2025 (Daya Ram Verma vs. State of U.P. and others).

3. For proceeding further in the instant contempt application/petition, this Court took note of various aspects of the case as pointed out by the parties' counsel, which includes the following facts:-

(i) The applicant was Collection Amin.

(ii) One Pratap Narain Pandey was also Collection Amin, who approached this Court by means of Writ Petition Nos. 10539 (S/S) of 1990 and 4031 (S/S) of 2001.

(iii) Both the aforesaid petitions were decided finally by a common order dated 19.08.2006. The operative portion of the order dated 19.08.2006 reads as under:-

"In view of the aforesaid facts and circumstances, I find it a fit case for issuing a writ of mandamus to the respondents to permit the petitioner to continue on the post of Collection Amin as duly selected in accordance with the Uttar Pradesh Collection Amin's Service Rules, 1974.

Accordingly, both the writ petitions are allowed: The order dated 19.9.2000 is hereby quashed and a writ of mandamus is issued to the respondents to allow the petitioner to work as Regular collection Amin as he was duly selected under the Uttar Pradesh Collection Amin's Service Rules, 1974. It is made clear that the petitioner shall be treated as a regular Collection Amin in service since 5th June, 1986 for the purposes of seniority etc. except the salary for the period during which he did not work on the principle of 'No work, No pay'. There will be no order as to costs."

(iv) After the aforesaid order, the applicant herein namely Daya Ram Verma alongwith others filed a Writ Petition No. 8672 (S/S) of 2006 (Lal Mani Pandey and others vs. State of U.P. and others), which was disposed of by this Court vide order dated 19.10.2006. By this order dated 19.10.2006, the benefit of the judgment dated 19.08.2006 passed in Writ Petition Nos. 10539 (S/S) of 1990 and 4031 (S/S) of 2001 was extended in favour of the applicant.

(v) After the order dated 19.10.2006, the applicant was permitted to join the post of Collection Amin on 05.06.2012.

(vi) Thus, the aforesaid indicates that the applicant did not perform his duties w.e.f. 19.10.2006 to 04.06.2012.

(vii) Considering the aforesaid, the representation of the applicant in terms of the order of Writ Court, in issue, has been decided on the principle of 'No work No pay' holding that the applicant is not entitled to the pecuniary benefits w.e.f. 19.10.2006 to 05.06.2012.

4. Upon due consideration of the aforesaid facts, this Court is not inclined to entertain the instant contempt application/petition. It is accordingly dismissed.

(Saurabh Lavania,J.)

May 7, 2026

Arun/-