Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 528 of 2021 Applicant :- Udai Narain Ojha Opposite Party :- Sri Ram Abhilash Tripathi, S.P. And Another Counsel for Applicant :- Ganesh Datt Mishra,Ashok Kumar Tiwari Counsel for Opposite Party :- S.C.
Hon'ble Ajit Kumar,J.
Case called out. Learned counsel for the applicant is not present.
However, Sri P.K. Giri, learned Additional Chief Standing Counsel is present.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 21.1.2020 passed by writ Court in Writ- A No.- 27391 of 2021 is complained of.
From the perusal of the order of the writ court I find that in its operative portion, the writ court allowed the writ petition and issued a writ of mandamus for the payment of witheld amount of gratuity alongwith other retiral dues together with 6 per cent interest. The operative portion of the order dated 21.1.2020 (Paragraph no.10) is reproduced hereunder:
"10. Writ petition succeeds and is allowed. The order dated 28.1.2012 passed by the respondent no. 3, so far as it relates withholding of gratuity payable to petitioner is concerned, is set aside. A writ of mandamus is issued to the respondents to forthwith release the withheld amount of gratuity together with 6% interest. In case the amount is not paid within four months from today, the petitioner shall be entitled to enhanced rate of interest at the rate of 8% per annum, and it shall be open for the authorities of the State to realise the additional interest from the salary of the officer found responsible for not ensuring release of gratuity to petitioner in terms of this order."
A compliance affidavit has been filed in this contempt application on behalf of the opposite party no.1 annexing therewith an order passed by the Superintendent of Police, Siddharth Nagar dated 15.5.2020 directing for payment of the retiral dues alongwith 6 per cent interest, in compliance of the order of the writ court.
From the perusal of the documents appended alongwith the compliance affidavit, it clearly transpires that the amount of gratuity to the tune of Rs.5,52,319/- has been paid initially to the applicant on 26.5.2020 and remaining amount of Rs.61,366/- was paid on 31.5.2020 and earlier amount of Rs.4,62,928 was paid on 30.5.2020 towards computation of pension. There was direction to pay 6 per cent interest and the applicant has also been paid same on the delayed payment on 10.2.2021 to the tune of Rs.3,09,910/-, the interest so calculated.
The compliance affidavit has been duly served upon learned counsel for the applicant on 22.7.2021 and no counter affidavit has been filed till date. A letter of the applicant dated 10.3.2021 has also been annexed with the compliance affidavit whereby he has admitted the fact of payment made in terms of the direction of the writ Court.
In view of the above, in the considered opinion of the Court, the order of the writ court has stood complied with.
Accordingly, the contempt application is consigned to records. Notices issued, if any, stand discharged.
Order Date :- 19.8.2021 Deepika