Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4572 of 2021 Applicant :- Raj Bahadur Singh Opposite Party :- Santosh Kumar Tripathi, Additional Chief Officer Counsel for Applicant :- Anand Kumar Srivastava
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 05.01.2021 passed in Writ A No. 13672 of 2020 (Raj Bahadur Singh Vs. State of U.P. and 4 Others), which for ready reference is quoted as under:-
"I have heard learned counsel for the petitioner, learned Standing Counsel for State authorities and Shri Gaurav Maurya for respondent no. 4.
Petitioner has superannuated from the post of Junior Engineer, Zila Panchayat, Hathras. His grievance is that the benefit of revised pension, as per 6th pay commission report, has not been paid to him despite an order dated 8.3.2019 passed by the Assistant Director (Pension).
A perusal of the record would go to show that the Assistant Director (Pension), Local Audit Examination Department, has already directed the Chief Executive Officer of the Zila Panchayat to revise petitioner's pension in accordance with 6th Pay Commission recommendation and to extend its benefit to the petitioner.
There is absolutely nothing on record to show that as to why this order has not been implemented so far.The concerned authority is required to take a prompt decision in the matter.
In that view of the matter, this petition stands disposed of with a direction upon respondent no. 4 to examine petitioner's claim in light of the directions issued by the Additional Direction on 8.3.2019, and to ensure that the benefits found admissible towards revised pension are recomputed and paid to petitioner, within a period of four months from the date of presentation of copy of this order.
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. "
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