Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4656 of 2021 Applicant :- Matambar Shukla Opposite Party :- Jai Prakash Yadav, Sdm Counsel for Applicant :- Ajay Singh,Brij Raj Singh
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 order dated 15.10.2020 passed in Writ A No. 8629 of 2020 (Matambar Shukla Vs. State of U.P. and 3 Others), which for ready reference is quoted as under:-
"Heard Shri Nitin Agarwal, learned counsel for the petitioner and Standing Counsel for the State-respondents.
The petitioner superannuated from service on 31.01.2009. He claims that he is entitled to the benefits of the revised pension scheme in light of the recommendations made by the 7th Pay Commission. The petitioner has moved an application in this regard, however, the same has not been decided till date.
The only prayer made by Shri Nitin Agarwal, learned counsel for the petitioner is that the representation of the petitioner for grant of revised pension may be decided within a stipulated period of time.
Learned Standing Counsel submits that the applicability of the benefits of the revised pension are mixed questions of fact and law, which can be decided by the competent authority. However, he fairly contends that in case the petitioner is entitled to such revised pension benefits, the claim of admissibility of such claims in regard to service entitlement has to be decided within a reasonable period of time, and not kept pending indefinitely.
Learned counsel for both the parties agree that no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court. With the consent of parties, the writ petition is being disposed of finally.
Without going into the merits of the case, the matter is remitted to the respondent no.3-Sub Divisional Magistrate, Tehsil Sadar, District Mau.
A writ in the nature of mandamus is issued commanding the respondent no.3-Sub Divisional Magistrate, Tehsil Sadar, District Mau, to execute the following direction:
The respondent no.3-Sub Divisional Magistrate, Tehsil Sadar, District Mau, shall decide the representation of the petitioner for grant of the refixation of pension by a speaking order in accordance with law within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad along with a copy of fresh representation.
The computer generated copy of such order be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The writ petition is disposed of finally. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Swati