Court No. - 30
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2222 of 2018 Applicant :- Noor Jahan Opposite Party :- Archana Gupta, Basic Siksha Adhikari Counsel for Applicant :- Baleshwar Chaturvedi,Kamal Kumar Kesherwani Counsel for Opposite Party :- Ram Bilas Yadav,K.R. Singh,Praveen Kumar Giri,Vimal Chandra Mishra Hon'ble Vivek Kumar Birla,J.
Affidavit of compliance filed today is taken on record.
A prayer for personal exemption of opposite party no. 5 is being made.
Opposite party no. 5 is not present.
Sri K.R. Singh, learned Additional Chief Standing Counsel states that he is retiring today and he has to hand over the charge, which cannot be deferred and he could not have handed over the charge yesterday as today is the date of retirement.
The cause as stated is sufficient. Personal appearance of opposite party no. 5 is exempted.
Present application has been filed for wilful disobedience of the order dated 4.1.2018 passed in Civil Misc. Writ Petition No. 40568 of 2016 (Noor Jahan vs. State of U.P. and others).
On 28.2.2019 following order was passed:-
"Heard the learned counsel for the applicant and Sri K.R. Singh, learned Addl. Chief Standing Counsel.
Perused the affidavits of compliance filed on behalf of the opposite parties no. 2 & 3.
It is urged that as per Govt. Order dated 22 July 2010, applicant is entitled to maximum gratuity at Rs.10,000,00/-, the employee expired in 2012. The interest component as directed by the writ court has been computed by the opposite party no. 3 at Rs.4,46,667/-, which has been forwarded to the Additional Chief Secretary, Basic Education, Govt. of U.P., Lucknow by the Director, Basic on 17.12.2018. The matter is pending sanction at the government level.
In view thereof, learned counsel for the applicant to implead the Additional Chief Secretary, Basic Education, Govt. of U.P., Lucknow, during course of the day.
Issue notice to the newly impleaded opposite party.
The counter affidavit may be filed on or before the next date fixed or else charges may be framed after summoning the noticee.
However, one more opportunity is granted to the newly impleaded opposite party to comply with the order before the next date fixed.
Affidavit of compliance to be filed on the said date failing which he shall appear and show cause as to why proceeding of contempt may not be initiated against the officer.
List on 5 April 2019.
Presence of the opposite parties no. 2 & 3 is exempted."
Today alongwith affidavit of compliance a letter dated 24.4.2019 written by the D.I.O.S. has been annexed and according to which the payment as mentioned in the abovequoted order has been deposited in the account of the applicant. The same is being opposed and it has been stated that the payment has been made with delay.
Sri K.R. Singh submits that after the interest has been calculated the same has been sent to the State Government for calculation and after receiving of the permission the amount has been deposited. A copy of the order dated 12.4.2019 has also been annexed that the delay in such working has taken note of by the State Government and warning was issued to the two officers of the Basic Shiksha Section.
In such view of the matter, there is substantial compliance of the order. No further orders are required to be passed in the present case. Notices issued are discharged.
The contempt application stands disposed of accordingly.
Order Date :- 30.4.2019 Lalit Shukla