Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2419 of 2021 Applicant :- Najma Khatoon Opposite Party :- Shri Pawan Kumar Tiwari, District Basic Education Officer Counsel for Applicant :- Basdeo Nishad
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 09.12.2020 passed in Writ Petition No.11349 of 2020 (Najma Khatoon Vs. State of U.P. and others).
Vide order dated 14.07.2021, this court directed to serve upon Akhilesh Chandra Srivastava, counsel for opposite party. The said order is quoted below:-
"The present contempt petition has been filed by the applicant for non compliance of the judgment and order dated 09.12.2020 passed in Writ A No. 11349 of 2020. The aforesaid order is reproduced below:-
"Present writ petition has been filed, inter alia, for the following reliefs:
"(A). Issue a writ, order or direction in the nature mandamus commanding concerned respondent to grant and pay to the petitioner gratuity amount, which is outstanding and due after petitioner Volunteer Retirement on 30.11.2007 on post of Assistant Teacher from U.P. Basic Shiksha Parishad School namely Balika Junior High School Karachi khana in district Kanpur Nagar.
(B) Issue a writ, order or direction in the nature mandamus commanding concerned respondent to pay reasonable interest on petitioner gratuity amount, which is outstanding and due after petitioner Volunteer Retirement on 30.11.2007 on post of Assistant Teacher from U.P. Basic Shiksha Parishad School namely Balika Junior High School Karachi khana in district Kanpur Nagar."
The contention of the counsel for the petitioner is that the petitioner is entitled to payment of gratuity on account of the services rendered by the petitioner. He prays that the question has been duly considered by this Court in the case of Dr. Onkar Nath Katiyar Vs. State of U.P. and 4 others in Writ A No. 28657 of 2014 vide its judgment dated 25.10.2017 as well as Supreme Court in the case of Birla Institute of Technology Vs. The State of Jharkahnd and others in Civil Appeal No.
2530 of 2012 decided on 7.3.2019.
Petitioner claims that the gratuity is to be paid by the Respondent No. 3 where the petitioner has filed an application for grant of the gratuity along with entire claim till the date of her voluntary retirement on 30.11.2007.
Considering the fact that the petitioner's claim for gratuity is pending consideration before the Respondent No. 3, the writ petition is disposed of with liberty to the petitioner to file a fresh application before the Respondent No. 3 within a period of three weeks from today along with a copy of this order. In case any such application is filed, the Respondent No. 3 shall take a decision thereupon considering the judgment of cited above in the case of Dr. Onkar Nath Katiyar and Birla Institute of Technology (supra), and pass a reasoned order in accordance with law and within a further period of four months, the petitioner shall be paid gratuity in the event, she is eligible to the same in terms of the judgment of this Court in the case of Dr. Onkar Nath Katiyar and supreme court decision in the case of Birla Institute of Technology (supra).
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order. "
Before proceeding further in the matter, I am directing the counsel for the applicant to serve the two copies of the present contempt petition along-with copy of the order passed today upon Sri Akhilesh Chandra Srivastava, learned counsel appearing on behalf of District Basic Education Officer, Kanpur Nagar within a period of one week from today.
Put up as fresh before the appropriate Bench on 27.07.2021."
Today when the matter is taken up, Sri Akhilesh Chandra Srivastava, Advocate appeared before the Court on behalf of opposite party and placed the instructions received from the opposite party. The same is taken on record.
From perusal of the same, it is clear that the order of the writ court has been complied with and no further cause of action would remain survived, therefore, the contempt application becomes infractuous.
Accordingly, the present contempt application is dismissed as having become infractuous.
In case, the applicant has any grievance against the aforesaid order, he has liberty to approach appropriate forum.
Order Date :- 27.7.2021 saqlain