Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 156 of 2020 Applicant :- Lakhan Singh Opposite Party :- Dwarika Prasad Verma, Executive Engineer Minor Irrigation Counsel for Applicant :- Jata Shankar Pandey
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 31.05.2019 passed in Writ A No. 30661 of 2007 (Lakhan Singh Vs. The State of U.P. and Others). The operative portion of the order is reproduced below:-
"21. Having due regard to the facts and circumstances of the case, the impugned order dated 14 May 2007, passed by the fourth respondent is set aside and quashed. The writ petition is allowed. Petitioner is entitled to post retiral benefits, to be released by the fourth respondent within three months from the date of filing of certified copy of this order, failing which, petitioner shall be entitled to interest @ 7% on the entire amount from the due date.
22. No cost."
Pursuant to the aforesaid an affidavit of compliance has been filed by the opposite party. In paragraph-5 of the affidavit of compliance it is stated that though various letters were written by the authorities from time to time but no reply was given by the applicant. In this view of the matter the suspension period of the petitioner was treated as Leave Without Pay and thereafter the process of grant of pension was finalized and a provisional pension from the date of retirement of petitioner till 31.12.2019 was sanctioned and paid through NEFT in his favour. In paragraph-7 of the aforesaid affidavit it is stated that the petitioner was directed to appear before the Chief Treasury Officer on 09.01.2020 for completing all the formalities with regard to finalizing his pension matter and on 09.01.2020 the petitioner put his signature on the pension papers. Thereafter the papers were duly forwarded to the department for the payment of the same. In paragraph-9 of the aforesaid affidavit, it is stated that subsequently the pension papers have been sent in the office of the Additional Director, Treasury and Pension, Agra vide letter dated 10.01.2020.
Heard counsel for the parties and perused the record.
In the facts and circumstances of the case, the present contempt petition is disposed of finally permitting the applicant to submit a fresh representation ventilating all his grievances, if any along-with copy of this order before the concerned Competent Authority within a period of three weeks from today and in case any such representation is filed by the applicant before the concerned Competent Authority within the time indicated hereinabove, he shall consider and decide the same strictly in accordance with law as expeditiously as possible preferably within a period of three months from the date of filing of such representation by the applicant.
Order Date :- 13.8.2021 Swati