RAM AVATAR VERMA Vs. ATUL KUMAR GUPTA CHIEF SECRETARY UTTAR PRADESH SASHAN
LAWS(ALL)-2009-5-321
HIGH COURT OF ALLAHABAD
Decided on May 22,2009

RAM AVATAR VERMA, LATE HARISHCHANDRA VERMA Appellant
VERSUS
ATUL KUMAR GUPTA Respondents

JUDGEMENT

Abhinava Upadhya, J. - (1.) BY the order of this Court dated 21.01.2009 a direction was issued to the State Government to take appropriate decision in the matter regarding enhancement of the age of retirement of the employee of the U.P. Awas Avam Vikas Parishad. The said decision was not being taken by the State Government, therefore, the petitioner was constrained to move contempt petition before this Court. A counter affidavit has been filed today on behalf of opposite party No. 3 wherein the decision of the State Government has been annexed by which the State Government has decided against the claim of the petitioner regarding enhancement of age of retirement. Since the order of the Court was to the State Government to take decision and now since the decision has been taken, no cause of action survives. If the petitioner is aggrieved by the decision he may challenge the same before appropriate forum. However, the contempt proceedings cannot be continued, therefore, in view of the counter affidavit and the order dated 08.04.2009, no cause of action survives. The contempt petition is accordingly dismissed. Notices, if any, stands discharged.;


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