Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3668 of 2019 Applicant :- Suresh Chandra Tiwari Opposite Party :- Renuka Kumar, The Principal Secretary Counsel for Applicant :- Awadhesh Kumar Malviya
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 opposite parties for wilful disobedience of the order dated 02.05.2018 passed in Writ Petition No.55135 of 2014 (Suresh Chandra Tiwari v. State of U.P. & Ors.). For ready reference the order dated 02.05.2018 is quoted as under:-
"1. Grievance of petitioner is that they are not being paid their retiral benefits at all. Respondents, in their defence, state that petitioner was not completed formalities but could not explain as to what formalities was to be completed by petitioner. Nothing has been explained as to why retiral benefits like G.P.F, Leave Encashment, pension, etc., have not been paid to petitioner by an affidavit filed by respondent No. 5 on 8.12.2014, intra departmental correspondence has been referred to, which has nothing to do with petitioner and show that respondent authorities themselves are responsible for not making payment of retiral benefits to petitioner since 31st August, 2004 and there is nothing to show that delay in payment of retiral dues, is attributable to petitioner.
2. Pension is not a bounty but right and deferred wages, as held in D.S. Nakara Vs. Union of India, 1983 (1) SCC 305. Employer is not at all justified in paying retiral dues after a long time as delayed payment is nothing but patently arbitrary, discriminatory and unjustified and it should be saddled with the liability of compensatory interest on outstanding retiral dues belatedly paid to employee.
3. We, therefore, allow this petition, direct respondent No. 1 to pay entire retiral outstanding dues to petitioner within a period of two months and continue to pay his pension on month to month basis. On outstanding dues, petitioner shall be entitled to simple interest at the rate of 8% per annum, which shall be computed after three months from the date of retirement till date of actual payment.
4. Writ petition stands allowed with cost of Rs. 10,000/- which shall also be paid to petitioner but may be recovered from erring officials after making appropriate inquiry against the officials who is/are actually responsible for delayed payment."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. 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 two months 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 stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 30.5.2019 SP/