Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6192 of 2015 Applicant :- Ram Nath And Anr.
Opposite Party :- Smt. Raj Kumari Khatri Chairman Nagar Palika Pari And 2 Ors Counsel for Applicant :- Yogesh Agarwal Counsel for Opposite Party :- S.C.,C.K.Parekh
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
Writ Petition was disposed of on 27.08.2012. The order reads thus:
"Ref:- Civil Misc. Modification Application No.184895 of 2012 Heard learned counsel for the petitioner and Sri C.K. Parekh, learned counsel for the respondents.
Sri C.K. Parekh, learned counsel appearing for respondents has handed over and F.D.R. amounting Rs.6012/- of Bank of Baroda in the name of Adhishashi Adhikari, Nagar Palika to the learned counsel for the petitioner. The F.D.R. was initially in the name of Late Vishwa Nath to the tune of Rs.2000/- which has been increased upto Rs.6021/-. A cheque of Rs.24627/- dated 2.5.2012 in the name of Ram Nath petitioner is handed over to the learned counsel for the petitioner Sri Yogesh Agarwal for handing over it to the petitioner. So far as the gratuity amount of Rs.1,07,877/- is concerned, District Magistrate, Mirzapur has pointed out that matter is pending before Assistant Director, Local Fund, Varanasi and on sanction of the amount, the same shall be paid to the petitioner. So far as amount of medical leave is concerned, it has been pointed out that the deceased was entitled for 9 months medical leave but that can be given to the petitioner after its sanction. So far as leave encashment of 180 days' is concerned, the same has been paid through cheque dated 2.5.2012. So far as amount of Group Insurance is concerned, the same shall be paid by LIC, Lucknow.
In this view of the matter, the Assistant Director, Local Fund, Varanasi and L.I.C., Lucknow are also directed to sanction and release the fund so that the amount be paid to the petitioner. I hope and trust that such sanction will be given by the concerned authorities within a period of two months from today.
Accordingly, the earlier order dated 25.11.2011 passed by this Court in instant above noted writ petition stands modified to that extent. The application stands disposed of."
Learned counsel for the applicant has filed supplementary affidavit contending that instead of Rs.1,07,877/- towards gratuity, only Rs.57,208/- has been paid; the group insurance and salary for nine months has also not been paid by the opposite party in compliance of the writ court order.
Learned counsel for the opposite party submits that all amount due as directed by the writ court has been released in favour of the applicant. Gratuity amount has been paid on the directions of the Director, Local Fund and approved by the Divisional Commissioner and no arrears of salary is due to the applicant. The amount towards group insurance would be paid by the Insurance Company for which applicant has not completed the formalities and the nine month medical leave as directed by the writ court has already been paid.
In view thereof, this Court would not enter into disputed questions of facts. The contempt petition is consigned to record with liberty to the applicant to take appropriate remedy in accordance with law, if so advised.
Notice, if any, stands discharged.
Order Date :- 30.1.2019 Mukesh Kr.