Citation : 2019 Latest Caselaw 6048 ALL
Judgement Date : 9 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 2298 of 2017 Applicant :- Govind Pratap Singh Opposite Party :- Sri Moti Ram, Land Conservative Officer, Ambedkar Nagar Counsel for Applicant :- Dr. Aniruddha Kumar Singh,Ram Nath Counsel for Opposite Party :- Anurag Tripathi Hon'ble Dinesh Kumar Singh,J.
1. Heard.
2. The writ-Court, while disposing of Writ Petition No.11433 (S/S) of 2017, vide order dated 24.05.2017 passed the following order:-
"Heard.
The petitioner herein claims to be working in a government scheme, however, it is not very clear as to what the scheme is and who is the appointing authority. Annexure 4 is a booklet issued by the Soil Conservation Department of the U.P. Government which refers to a scheme and the petitioner says that he is working therein.
Be that as it may let the opposite party No.2 look into the matter unless of course the petitioner is not engaged under the scheme and take appropriate decision after verifying the facts or if some other authority is competent to do so, he will forward the claim of the petitioner accordingly to the said authority, who will take a decision as aforesaid within 3 months from the date a certified copy of this order is submitted.
The writ petition is disposed of in the above terms."
3. Pursuant to issuance of contempt notice, compliance affidavit of Mr. Moti Ram, Soil Conservation Officer, District Ambedkar Nagar has been filed, taking on record copy of decision/order dated 25.01.2018 as Annexure-A-2.
4. The order dated 25.01.2018 has been passed on the representation of the petitioner and a cheque amounting to Rs.66,000/- (rupees sixty six thousand) was issued to the petitioner, as honourarium, due to him.
5. The learned counsel for the petitioner, however, submits that the aforesaid amount of Rs.66,000/- was much less and it was not full and final payment. The learned counsel further submits that he will accept the said amount under protest and will challenge the order dated 25.01.2018 in appropriate proceedings, before the competent Court/authority.
6. In view of the above, the contempt petition is disposed of with a direction to the Soil Conservation Officer, District Ambedkar Nagar to issue a fresh cheque of Rs.66,000/- (rupees sixty thousand) to the petitioner, who will accept the same under protest. If the petitioner is not satisfied with the amount of Rs.66,000/- (rupees sixty thousand), he will have liberty to impugn the order dated 25.01.2018 passed on his representation, in appropriate proceedings, before the appropriate Court/authority, if so advised.
[Dinesh Kumar Singh,J.]
Order Date :- 9.7.2019
MVS/-
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