Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3549 of 2021 Applicant :- Arjun Singh Yadav Opposite Party :- Sri Raju, Chief Acc Officer, Up Jal Nigam And 2 Others Counsel for Applicant :- Sadhu Sharan
Hon'ble Prakash Padia,J.
The applicant has preferred the present contempt petition for non-compliance of the judgment and order dated 24.02.2020 passed in Writ A No. 13988 of 2019 (Arjun Singh Yadav Vs. State of U.P. and Others).
Today when the matter was taken up, it is argued by Shri Suresh Singh that all the post retiremental dues has already been paid to the applicant pursuant to the order passed by this Court except the interest part. Instructions received from the office of the opposite party was placed before the Court the same is taken on record.
Sri Suresh Singh, learned counsel for the opposite parties has drawn attention of this Court towards the Uttar Pradesh Water Supply and Sewerage (Amendment) Act, 2021 (here-in-after referred to as the "Act, 2021") referring amended Section 3, which reads as under:-
"3. For Section 3 of the principal Act, the following section shall be substituted, namely:-
"The State Government shall, by notification in the Gazette and with effect from a date to be specified therein, bifurcate the erstwhile Uttar Pradesh Jal Niagam into two corporations by the name of the Uttar Pradesh Jal Nigam (Urban) which shall be under administrative control of Urban Development Department and the Uttar Pradesh Jal Nigam (Rural), which shall be under the administrative control of Namami Gange and Rural Water Supply Department:
Provide that the construction and design services of erstwhile Uttar Pradesh Jal Nigam will continue to be with Uttar Pradesh Jal Nigam (Urban)."
Therefore, Sri Suresh Singh, learned counsel for the opposite party has submitted that after the aforesaid amendment, the U.P. Jal Nigam is no more in existence and now the U.P. Jal Nigam are in existence as U.P. Jal Nigam Urban and U.P. Jal Nigam Rural with separate administrative control.
Sri Suresh Singh, learned counsel for the opposite parties has referred Section 37 of the Act, 2021, which prescribes the modalities dealing with the service conditions of the employees of Jal Nigam Urgan and Rural. So far as the payments of post retiral dues are concerned,sub-clause (2) of Section 37 of the Act, 2021 would be relevant, which reads as under:-
"(2) The sums standing to the credit of the employees referred to in sub-section in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the erstwhile Uttar Pradesh Jal Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds and the Nigam shall, to the exclusion of the erstwhile Uttar pradesh Jal Nigam, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employee at the appropriate time in accordance with the conditions of their service.
Notwithstanding anything contained in the above paragraph, pension and other retirement benefits of retired employees of the erstwhile Uttar Pradesh Jal Nigam shall be distributed between the Nigam by any general or specific order of the State Government."
In view of the above, Sri Suresh Singh, learned counsel for the opposite party has submitted that it is a pious duty of the employer to make payment of post retiral dues with expedition but in the given circumstances, the decision is to be taken by the Competent Authority after the requisite funds being transferred to Jal Nigam.
In this view of the matter, the present contempt application is disposed of finally directing the opposite party to make the payment of interest also in favour of the applicant, expeditiously and preferably within a period of three months from the date of production of copy of this order. However, in case applicant is still aggrieved it is open for the applicant to approach the authority concerned, if so advised.
Order Date :- 7.10.2021 Swati