1. Heard learned counsels for the parties.
2. This contempt petition has been filed for alleged non-compliance of the judgment and order dated 30.05.2018 passed by the writ-Court in Writ PetitionNo. 16348 (S/S) of 2018 filed by the petitioner. The operative portion of the judgment and order is being reproduced here under:-
"Therefore, this writ petition is disposed of finally in terms of judgment and order dated 17.1.2011 passed in Writ-A No. 3925 of 2006 and the petitioner of this writ petition is entitled to get the benefit of aforesaid order being passed by this Court."
3. The operative portion of the order dated 17.01.2011 passed in Writ-A No.3925 of 2006 is extracted hereunder:-
"15. In the result, the writ petition is allowed. The impugned order dated 12.12.2005 is hereby quashed. The respondent no. 5 is directed to forward the pension papers of petitioners forthwith and in any case not less than one month from the date of production of a certified copy of this order to the District Inspector of Schools concerned who shall examine the same and pass appropriate order and forward the papers to competent authority for sanction of pension to petitioners immediately thereafter. The entire exercise shall be completed by the concerned competent authority including the District Inspector of Schools within a period of three months from the date of receipt of papers from respondent no. 5. The petitioners shall also be entitled to interest on the entire unpaid amount at the rate of 8% per annum which shall commence after one month from retirement till the amount actually paid. The petitioners shall also be entitled to costs which is quantified to Rs. 5,000/-."
4. In pursuance of the notice issued in this contempt petition, a compliance affidavit of Mr. Narendra Sharma, District Inspector of Schools, Sitapur has been tendered today in the Court, which is taken on record.
Along with the compliance affidavit, copy of the order dated 03.07.2019 passed by the District Inspector of Schools, in the case of the petitioner in compliance of the judgment and order dated 30.05.2018 has been placed on record as Annexure No. A-1.
The petitioner has been granted payment of provident fund along with interest, but it has been held that the petitioner is not entitled for payment of pension as she was not the member of the provident fund.
5. However, learned counsel for the petitioner submits that the petitioner has contributed in the provident fund. It is a disputed question of fact, which can be decided in proper proceedings and, therefore, this contempt petition is disposed of with the liberty to the petitioner to impugn the order dated 03.07.2019 in respect of her claim for grant of pension.
[Dinesh Kumar Singh,J.] Order Date :- 31.7.2019MVS/-