Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5794 of 2011 Applicant :- Santosh Kumar Opposite Party :- Dr. Harsharan Das And Others Counsel for Applicant :- Indra Mani Tripathi,R.D. Tiwari Counsel for Opposite Party :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri M.D. Singh 'Shekhar', learned Senior Advocate, assisted by Sri Vaibhav Goswami, learned counsel for the applicant and Sri D.N. Mishra, learned standing counsel for the opposite parties.
An affidavit of compliance dated 12.12.2019 of Dr. Krishna Gopal Singh, Chief Veterinary Officer, District - Auraiya, has been filed today which is taken on record.
In paragraphs 6 to 11 of the aforesaid affidavit of compliance dated 12.12.2019, it has been stated that the entire amount of the family pension, gratuity and group insurance has been computed and the same has been transmitted to the Treasury - Auraiya on 16.12.2019 for sanction and payment. It has also been stated that due to some technical failure in connectivity, the entire work of Treasury is jeopardized since 13.12.2019 and as such the total computed amount of Rs.1,86,624/- could not be paid by the Treasury to the deceased petitioner's wife Smt. Asha Devi.
Learned standing counsel states on instructions that the payment shall be made by the Treasury within a very short time and in any case within a week.
Learned counsel for the applicant submits that interest is normal accretion of capital. Pursuant to the order passed by the Writ Court on 10.05.2011, the payment is yet to be made by the opposite parties which is said to have been computed on 14.12.2019. Therefore, the petitioner is entitled for interest which needs to be computed and to be paid by the opposite parties to the applicant's wife.
Considering the facts and circumstances of the case and the affidavit of compliance filed today, this contempt application is disposed of. In the event, the aforesaid payment of Rs.1,86,624/- is not received by the applicant's wife within two weeks from today then the applicant shall be at liberty to move an application in this contempt application itself for recall of the order of disposing of the application and for framing of charges against the opposite parties. Liberty is also granted to the applicant's wife to make a representation before the Secretary, Animal Husbandry, Government of U.P., Lucknow, raising all his grievances for payment of interest within four weeks alongwith a certified copy of this order. In the event such a representation is made within the stipulated period, the concerned authority shall take an appropriate decision in accordance with law within a period of next eight weeks. If any amount towards interest is found due and payable, the same shall be paid within next four weeks.
Order Date :- 19.12.2019/vkg