Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4799 of 2019 Applicant :- Shree Gopal Opposite Party :- Neena Sharma, Secretary Ayush Counsel for Applicant :- Vikas Budhwar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 23.1.2019 passed in Writ A No.22833 of 2018 (Dr. Ravindra Kumar and 8 ors vs. State of UP and ors) connected with Writ A No.22872 of 2018 filed by the applicant, the Court directed as under:
"In view of the above, the aforesaid decisions in the matter of Dr. Amrendra Narain Srivastava and Dr. Mayank Shekhar Upadhyay(supra) are final and conclusive.
Thus, following the above decisions, we dispose of this petition holding that the petitioners are entitled to terminal benefits by counting their services from the date of their initial appointment with the State Government and that the respondents shall work out the pension and other dues payable to them accordingly and make the payment within the next two months."
Learned counsel for the applicant submits that a certified 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.
Shri B.B. Pandey, learned Chief Standing Counsel, on the basis of instruction, apprises to the Court that the matter is under consideration and two weeks' further time may be accorded to the opposite party to finalize the proceeding.
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 and finalize the proceeding in letter and spirit within two weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
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.
Order Date :- 27.9.2019 RKP