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Ram Narayan vs Shri Ghule Sushil Chandrabhan, ...

High Court Of Judicature at Allahabad|18 August, 2021

JUDGMENT / ORDER

The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 20.01.2020 passed in Writ Petition No. - 12528 of 2020 (Ram Narayan Vs. State of U.P. and others). The aforesaid order is quoted below:-
"Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
The claim of the petitioner here whose father had applied and was granted voluntary retirement is for payment of certain dues which are claimed in terms of the provisions made in the 2001 V.R.S. Rules.
Learned Standing Counsel representing the respondents states that subject to verification of all facts and contention on merits being kept open, the aforesaid claim shall be duly evaluated by the fourth respondent and a final decision in respect thereof communicated with expedition and preferably within a period of four months from the date of presentation of a duly authenticated copy of this order.
Accordingly and without going into the merits or otherwise of the claim of the petitioners, this petition shall stand disposed of in light of the statement noted above."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, 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.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith 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 :- 18.8.2021 saqlain
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Title

Ram Narayan vs Shri Ghule Sushil Chandrabhan, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 August, 2021
Judges
  • Prakash Padia