Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 173 of 2018 Applicant :- Dr. Subey Singh Opposite Party :- Dr. Rajendra Pal Singh Director Higher Education Counsel for Applicant :- Annapurna Devi,Om Prakash Lohia Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Neeraj Upadhyay, learned Standing Counsel.
From the affidavit of compliance filed in these proceedings the Court notes that the opposite party has dealt with the claim of the applicant and disposed of the same on merits in terms of an order dated 12 January 2018. The opposite party has in principle accepted the position that the liability to pay GPF rested upon the District Inspector of Schools, Haridwar since the Institution from which the applicant retired was situate there. According to him, the fact of non disbursal was not even in the knowledge of the Directorate of Higher Education U.P. Although, these contentions are denied by learned counsel for the applicant, the Court notes that resolution of these issues would clearly result in the Court treading upon the merits of the rival claims of parties, which is clearly impermissible in exercise of the contempt jurisdiction of this Court.
Accordingly, the petition is disposed of. However it is open for the applicant if he so chooses and is so advised to take appropriate steps against the order passed by the Directorate.
Order Date :- 24.4.2018/NS