Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 333 of 2021 Applicant :- Moti Lal Opposite Party :- Suresh Chandra General Manager Counsel for Applicant :- Shri Chandra Counsel for Opposite Party :- Omkar Dutt Malviya
Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
The applicant has preferred the present contempt application for non-compliance of judgment and order dated 22.09.2020 passed in Civil Writ-A No. 5750 of 2020 (Moti Lal Vs. State of U.P. And 4 Others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner, learned Standing Counsel for the State authorities and Sri O. D. Malviya, learned counsel for the respondent nos.4 and 5.
Petitioner claims to have retired from the employment of respondent no.4 on 31.1.2018. He has approached this Court with the grievance that though his entitlement is not disputed, yet retiral benefits due and payable to him have not been released so far. Prayer is made to direct the respondents to release entiral retiral benefits including leave encashment, gratuity and arrears of promotional pay scale together with interest etc. It has also been prayed that petitioner's claim for grant of benefit under ACP scheme may also be directed to be considered. Representation in that regard has already been made which is pending.
Learned counsel for the respondents states that petitioner's claim with regard to release of retiral benefits would be examined and dues payable to him would be released at the earliest possible.
In view of the above, this writ petition stands disposed of with a direction upon the respondent no.4 to examine petitioner's claim, noticed above, and to release all retiral benefits due and payable to him in accordance with law within a period of three months from the date of presentation of a copy of this order, failing which the petitioner would also be entitled to interest at the rate of 8% per annum.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order."
Today when the matter is taken up, it is informed by learned counsel for opposite party that the order passed by the writ court has already been complied with and the necessary payment has already credited in the bank account of applicant on 14th June 2021, copy of instructions taken on record.
On the other hand it is argued by counsel for the applicant that in term of the order passed by the writ court since the payment was not made within a period of three months, petitioner will also entitle for interest at the rate of 8% per annum.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally, permitting the petitioner to make fresh representation, if so advised, ventilating all his grievances before the concerned competent authority, if such representation is made within a period of three weeks from today the concerned competent authority will pass an appropriate order in accordance with law expeditiously and preferably within a period of three months from the date of submission of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost if there is no legal impediment.
Order Date :- 30.9.2021 Vikram