Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1456 of 2021 Applicant :- Dr. Anand Prakash Gautam And Another Opposite Party :- Dr. Yogendra Singh, Regional Higher Eduction Officer Counsel for Applicant :- Sudhir Kumar Kulshrestha Counsel for Opposite Party :- S.C.
Hon'ble Prakash Padia,J.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 18.02.2019 passed in Writ A No.1901 of 2019 (Dr. Anand Prakash Gautam and another vs. State of U.P. and 4 others). The order is reproduced hereinbelow :-
"Following orders were passed on 7.2.2019:-
"Learned Standing Counsel may obtain instructions, as to why, the GPF amount has not been released to the petitioner, despite its sanction by the competent authority.
Post as fresh once again on 18.2.2019."
Learned Standing Counsel has obtained instructions from the office of the Director of Higher Education as per which orders have already been passed by the Regional Higher Education Officer for release of GPF amount to the petitioners.
Learned counsel for the petitioners submits that the amount in respect of petitioner no.1 has been credited to his account, but in respect of petitioner no.2 it has not been credited so far.
Learned Standing Counsel states that the amount payable shall be credited in the account of petitioner no.2 shortly.
Learned counsel for the petitioners has also made a prayer for issuance of appropriate direction to release interest also to the petitioners on the withheld amount of GPF.
Under the scheme applicable for payment of GPF the petitioners would be entitled to payment of interest also for any delay occasioned in release of the amount. In view of it, this petition stands disposed of with a direction upon the respondent no.5 to ensure that in case interest has not been released to petitioners upon delayed payment of GPF, their claim for release of interest shall also be examined in terms of the scheme, within a period of two months from the date of presentation of certified copy of this order. All consequential action shall be taken without any further loss of time."
Today when the matter is taken up, an affidavit of compliance has been filed by Shri Rakesh Kumar Mishra, learned counsel for the opposite party, the same is taken on record. In paragraph-6 of the aforesaid affidavit it is stated that pursuant to the order passed by this Court on 18.02.2019, compliance has already been made by the opposite party, copy of the same is appended as Annexure Nos. 1 and 2 to the compliance affidavit. Since 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 as infructuous.
Order Date :- 29.7.2021 Pr/-