The petitioner's Writ Petition No.19305 (SS) of 2017 was finally disposed of by the Writ Court vide judgement and order dated 23.8.2017 in following manner :-
"It is stated that petitioner has retired on 31st July, 2014, but despite repeated representations made, none of his retiral dues have been cleared so far. It is stated that payment of retiral dues is the entitlement of petitioner, and in view of law settled, it is not a bounty. It is stated that petitioner's claim is otherwise covered by judgment of the Apex Court in State of U.P. & Others Vs. Chandra Prakash Pandey & Ors., (2001) 4 SCC 78. Reliance is placed upon Rule 29 of the U.P. Co-operative Collection Fund and the Amins and Other Staff Service Rules, 2002, which clearly provides that Amins shall be entitled to gratuity and pension as is admissible to government employee of the respective category.
Learned Standing Counsel submits that petitioner's grievance shall be examined, in accordance with law.
Considering the above, this writ petition stands disposed of with a direction upon respondent no.2 to examine petitioner's entitlement, in accordance with law, keeping in view the observations made above, within a period of three months from the date of presentation of certified copy of this order. The amount, which is found due and payable to petitioner in terms of the statutory rules, shall be released, within a further period of two months, thereafter, failing which the petitioner shall also be entitled to interest at the rate of 8% per annum."
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Narendra Kumar Singh, Commissioner and Registrar, Co-operative Societies, U.P. , Lucknow has been filed. Paragraph four of the aforesaid affidavit reads as under :-
"That in compliance of the judgement and order dated 23.08.2017 passed by this Hon'ble Court, the arrears of pension of the petitioner w.e.f. August, 2014 to November, 2017, amounting to Rs.3,19,480/- has been paid to him through Cheque No.007395 dated 31.10.2018 issued by Allahabad Bank which has been received by the petitioner also on the same day. The information to this effect has been given by the Assistant Commissioner and Assistant Registrar, Cooperative, Gonda vide letter dated 31.1.2018 along with copy of Cheque No.007395 dated 31.01.2018 is being filed herewith and marked as ANNEXURE NO.A-1 to this affidavit."
In view of the fact that the petitioner has already been paid arrears of pension amounting to Rs.3,19,480/- w.e.f. August, 2014 to November, 2017, nothing survives in the present contempt petition, which is hereby disposed of as having become infructuous.
However, if the petitioner is aggrieved that he is entitled to some more amount than what has been paid, it will be open to him to agitate his grievance before the competent Court/forum, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 28.8.2019/Rao/-