Court No. - 58
Case :- WRIT - A No. - 16115 of 2018 Petitioner :- Raj Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this petition, following orders were passed on 01.08.2018:-
"In terms of the order passed by this Court in Writ Petition No. 26311 of 2009 (Raj Kumar Sharma Vs.State of U.P. and others) decided on 9.12.2016, consequential order was passed by the Executive Council on 23.5.2017.
Grievance is that the aforesaid orders passed have been nulified by the order impugned dated 13.3.2018. Submission is that it is not open for the respondents to act in a manner, which is inconsistent with the order passed by the writ Court.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 8.8.2018."
Again this Court proceeded to pass the following orders on 08.08.2018:-
"It appears that pursuant to an order passed by this Court in Writ Petition No.26311 of 2009, the authorities have determined petitioner's pension and the same has been forwarded to the treasury on 14.5.2018. It appears that the treasury has again reiterated the earlier stand taken, which had not been approved of by this Court. Submission is that the treasury is raising objections, which are impermissible in law and thereby violating orders passed by writ court.
Before proceeding further, it would be appropriate to direct the Additional Director (Treasury) to examine the matter and file his personal affidavit, by the next date.
Put up in the additional cause list on 16.8.2018."
The matter has been adjourned on the prayer of the learned standing counsel on 16.08.2018 and 18.08.2018, but till date, neither the order dated 08.08.2018 has been complied with, nor any affidavit of the Additional Director has been filed, i.e., the respondent no. 3.
Let this matter appear, once again, in the additional cause list on 30.08.2018.
The respondent no. 3 shall remain personally present before this Court along with records.
Order Date :- 21.8.2018 Amit Mishra