Allahabad High Court
Rameshwar Prasad vs Shri Masihuzzama Siddiqui, Zila ... on 1 August, 2019
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- CONTEMPT No. - 1724 of 2017
Applicant :- Rameshwar Prasad
Opposite Party :- Shri Masihuzzama Siddiqui, Zila Basic Shiksha Adhikari, Hard
Counsel for Applicant :- Sheshnath Bhardwaj 'Advoc
Counsel for Opposite Party :- Ajay Kumar
Hon'ble Dinesh Kumar Singh,J.
This Court on 15.5.2017 while disposing of Writ Petition No.10619 (SS) of 2017, inter alia, passed the following order:-
"The petitioner is claiming arrears of pension for the period w.e.f. July 2012 to December 2012 and bonus for the year 1997 and 1998 along with interest @12%. He also claims arrears of remaining salary for the period of suspension w.e.f. 30.09.1996 to 04.07.1997.
As regards the claim of bonus is concerned the same is highly belated, therefore, it is not appropriate for this Court to look into the matter leaving it open to the petitioner to approach the concerned authority.
As regards the arrears of salary for the period during which the petitioner was placed under suspension it is contented that after quashing of the suspension order no disciplinary proceedings were held accordingly, the District Basic Education Officer on 26.12.2012 passed an order for payment of salary for the suspension period but the same has not been paid. In this regard the District Basic Education Officer shall look into the matter, verify the facts and ascertain the entitlement of the petitioner as aforesaid and take a decision thereon within a period of two months from the date a certified copy of this order is submitted before him.
As regards the arrears of pension is concerned it is a recurring cause of action, therefore, let the District Basic Education Officer or whosoever is competent in this regard look into the matter and take appropriate decision as per rules within the aforesaid period of two months.
The petitioner also claims selection grade with effect from August 2002 and re-fixation of his pension as also arrears of pay and pension based thereon. Even though, this matter also gives a recurring cause of action, as per settled legal position the arrears thereof if any will be confined only to the period of three years preceding the filing of the writ petition i.e. on 10.05.2017 which is assuming that the petitioner has not been given the selection grade. Let a decision in this regard be taken by the District Basic Education Officer within the aforesaid period.
The writ petition is disposed of in the aforesaid terms. "
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Masihuzzaaman Siddiqui, Zila Basic Shiksha Adhikari, Hardoi has been filed. Along with the aforesaid affidavit, a copy of the order dated 16.10.2017 has been placed on record as Annexure No.A-1 to the affidavit, in which it has been said that the petitioner got retired from service on 30.6.2012 after attaining the age of superannuation. The arrears of pension through cheque no.281624 dated 30.3.2013 of Rs.1,04,570/- have been deposited in his account no.1285, Awadh Gramin Bank, Balamau Branch. Further arrears have been paid on 11.8.2017 to the tune of Rs.20,680/-.
In view of the aforesaid order dated 16.10.2017 and the compliance affidavit, nothing survives in the present contempt petition, which is hereby dismissed as having become infructuous.
However, it is open to the petitioner to approach the competent Court/forum, if he feels that some more arrears are to be paid to him.
Contempt notice stands discharged.
Order Date :- 1.8.2019
Rao/-
