Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5332 of 2019 Applicant :- Suraj Singh Opposite Party :- Satendra Prasad Sharma, Engineer-In-Chief Counsel for Applicant :- Ajay Sengar Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 07.11.2017 passed in Writ-A No.51843 of 2017 (Suraj Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 07.11.2017 is quoted as under:-
"The writ petition is disposed of with the direction to Engineer-in-Chief (Administration, Group-D), P.W.D. Government of U.P. at Lucknow to decide the representation by a reasoned and speaking order within a period of two months from the date of production of a certified copy of this order before him."
In the present case admittedly the applicant had retired from the post of Store Keeper of PWD in the year 2009. The matter relates to the retiral benefits and this is perpetual cause of action and only on the ground of limitation, the matter may not be thrown away in the dustbin. Even though cognizance has also been taken by the Executive Engineer for finalizing the payment on 02.01.2018.
In such a situation, the Court cannot be a silent expectator for non compliance of the writ court order. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three 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 parties and another self-addressed 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 parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 22.8.2019 A. Pandey