Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2058 of 2021 Applicant :- Chetram Opposite Party :- Sri Shiv Raj Singh, Executive Officer Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- Manu Saxena
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant and Shri Manu Saxena, counsel appearing on behalf of opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 05.01.2021 passed in Special Appeal Defective No. 1278 of 2020 (Chetram Vs. State of U.P. and 2 Others). The operative portion of the order is reproduced hereinbelow :-
Digitally signed by Justice Prakash Padia Date: 2021.08.13 15:31:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad "Writ petition of the petitioner so as the appeal is allowed with a direction to respondents to consider the case of appellant for grant of pensionary benefit by counting the length of service by applying the judgment of Apex Court in case of Prem Singh (supra) and based on the aforesaid, the consequential pensionary benefit would be extended to the appellant after completion of necessary formalities within a period of four months from the date of receipt of copy of the judgment."
Today when the matter is taken up, It is argued by Shri Manu Saxen, counsel appearing on behalf of opposite party that the order passed by the writ court has already been complied with, in this regard a sum of Rs. 6,31,494.00/- and Rs. 2,98,870.00/- were paid in favour of the applicant on 09.08.2021. Counsel for the opposite party is directed to file aforesaid affidavit of compliance through e-filing within three days.
In view of the same, the Court is of the opinion that the order passed by the writ court is duly and fully complied with. Though the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed. However, in case applicant is still aggrieved it is open for the applicant to approach the authority concerned, if so advised.
Order Date :- 13.8.2021 Swati