Allahabad High Court
Sharifur Rahman vs Dr Pawan Kumar Tiwari,,District ... on 14 July, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2100 of 2021
Applicant :- Sharifur Rahman
Opposite Party :- Dr Pawan Kumar Tiwari,,District Basic Education Officer
Counsel for Applicant :- A.C.Tiwari(Ac),Shyam Kishore Tripathi
Hon'ble Vivek Kumar Birla,J.
On 5.7.2021, following order was passed:
"Learned counsel for the applicant Sri A.C. Tiwari wants to file supplementary affidavit disclosing therein as to the amount released by the respondent opposite party in favour of the applicant under various heads and also the amount withheld by the opposite party. The applicant shall also disclose as to what happened on 28.12.2020.
Put up this case as fresh on 12.07.2021."
In the supplementary affidavit filed in pursuance of order quoted above, it has been stated in para 3 that applicant is getting monthly pension and in para 4, it has been stated that an amount of Rs.18,98,255/- was transferred to the account of the applicant on 9.11.2020.
Learned counsel for the applicant submits that the applicant is also entitled to gratuity payment. Reliance has been placed on various judgment, copy whereof is annexed with the supplementary affidavit.
There being no specific direction regarding payment of gratuity by the Writ Court, I do not find any willful disobedience by opposite party.
It is a case where the opposite party has not committed any willful disobedience, however, the fact remains that claim of the applicant regarding payment of gratuity has to be considered by the competent authority once a direction was given to respondent no. 3 to decide the representation of the petitioner.
The prayer made in the writ petition clearly indicates that the amount towards gratuity was also claimed by the applicant and direction of the Writ Court was to decide his representation.
In such view of the matter, it is clear that the claim regarding payment of gratuity has not be considered by respondent no. 3.
At this stage, present application is disposed of with an opportunity to opposite party to consider the claim of the applicant towards the payment of the gratuity on its own merit as the claim of the applicant was in respect of gratuity also before the Writ Court.
For this purpose, the applicant is at liberty to file a fresh representation before the opposite party along with self attested copy of this order, which may be verified from the official website of the High Court, who shall decide the same on its own merits in accordance with law preferably within a period of four months' from the date of filing of such representation.
It is made clear that this Court has not examined the merits of the claim of the applicant, which shall be looked into by the opposite party while deciding the claim of the applicant.
With the aforesaid observations, the contempt application stands disposed of.
Order Date :- 14.7.2021
Kuldeep
