Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2732 of 2021 Applicant :- Prof Vedprakash Upadhyay Opposite Party :- Dr Amit Bhardwaj,Director Of Higher Education Counsel for Applicant :- Alok Mishra
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 20.01.2021 passed in Writ A No.88 of 2021. The operative portion of the order is reproduced hereibelow :-
"Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 4.
The petitioner has preferred the present writ petition inter-alia with the following prayers:-
"(i) Issue a writ order or direction in the nature of mandamus to direct the Competent Respondent Authorities to pay simple interest @ 18% P.A. to the petitioner on the delayed payment of GPF, Pension and other retiral benefits calculating from 30.06.2018 to 24.08.2020;
(ii) Issue a writ, order or direction in the nature of mandamus to direct the Competent Respondent Authority to pay the arrears of 7th Pay Commission benefits at par to the similarly situated employees and arrears of salary of the Principal from the period 10.02.2015 to 04.09.2017;"
It is argued by learned counsel for the petitioner that while working on the post of officiating Principal, the petitioner was superannuated on 30.06.2018 but the post retiral benefits namely GPF, pension and other dues were released in favour of petitioner on 24.08.2020. It is further argued that though the petitioner is entitled for the arrears of seventh pay commission but the same has not been paid to him.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
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 submit fresh representation ventilating all his grievances along with self attested computer generated copy of this order downloaded from the official website of High Court Allahabad before respondent No.2/Director, Higher Education Directorate, U.P. Prayagraj within a period of three weeks from today. If such a representation is filed within stipulated period as mentioned above, the respondent No.2 shall pass appropriate orders on the same in accordance with law expeditiously and preferably within a period of two months from the date of submission of representation before him. "
Today when the matter is taken up, learned Standing Counsel placed before this Court the order passed by the opposite party on 29.7.2021, same is taken on record. The copy of same is provided to the counsel for the applicant.
Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Pramod Tripathi