Allahabad High Court
Umesh Chandra Khare vs Mr. Harish Chandra Nath (B.S.A) ... on 21 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1862 of 2021
Applicant :- Umesh Chandra Khare
Opposite Party :- Mr. Harish Chandra Nath (B.S.A) Banda
Counsel for Applicant :- Ram Krishna Chaurasia
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant through video conferencing.
By order dated 21.1.2021 passed in Writ A No.11649 of 2020 filed by the applicant, the Court directed as under:
"The controversy involved in the present writ petition is squarely covered by the judgment and order dated 7.11.2019 passed by this Court in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Ors.) as well as the judgment and order dated 24.10.2019 passed by this Court in Writ - A No. 14397 of 2019 wherein this Court has affirmed the previous judgment of this Court passed in Noor Jahan Vs. State of U.P. & 4 Ors. (Writ - A No. 40568 of 2016) wherein the Court held that in view of the Government Order dated 16th September, 2009, an employee, who has not attained the age of 60 years, would also be entitled to gratuity if he is otherwise covered under the scheme formulated through the aforesaid Government Order. Clause 5 of the said Government Order provides that gratuity would be payable at the age of 60 years or upon death.
In the present case, the last date for wife of the petitioner to opt for her age of retirement at the age of 60 years was 1.7.2013 as she would have retired at the age of 60 years on 1.7.2013 and would have continued till 30.6.2014 under the Sessions Benefit Scheme of the Government. The wife of the petitioner died before the last date on which she could have given her option for retirement at the age of 60 years.
Consequently, in light of the judgments referred above, the petitioner is entitled to receive the gratuity accrued in favour of his wife.
The writ petition is allowed.
The respondent nos.3 & 4 i.e. District Basic Education Officer, Banda, District Banda and Finance and Accounts Officer, (Basic Education), Banda, District Banda are directed to compute the amount payable to the petitioner towards gratuity in terms of the scheme formulated by the Government Order dated 16th September, 2009 and release the amount within a period of three months from the date a copy of this order is produced before him along with an interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021
RKP
