Dr. Babu Ram Sharma vs Dr. Ram Shai And 3 Ors.
2022 Latest Caselaw 2082 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 135 of 2014
 

 
Applicant :- Dr. Babu Ram Sharma
 
Opposite Party :- Dr. Ram Shai And 3 Ors.
 
Counsel for Applicant :- Har Bux Singh,Rahul Mishra
 

 
Hon'ble Irshad Ali,J.

1. Heard learned counsel for the applicant and learned Standing Counsel for the respondents-State.

2. By means of the present contempt application, it has been alleged that there is non-compliance of the order dated 30.5.2013 passed in Writ Petition No.894 (SB) of 2013 whereby following direction was issued:

"We dispose of the instant writ petition with direction to opposite party nos.3 and 4 to look into the matter and adjudicate the controversy involved therein by joint sitting and pass appropriate speaking and reasoned order in accordance with law, regarding payment of post retiral dues to the petitioner within a period of three months from the date of receipt of the certified copy of this order. We also clarify that while adjudicating the controversy, the opposite party nos.3 and 4 shall also take decision in the matter regarding payment of post retiral dues as well as interest to the petitioner in the light of judgment passed by the apex court in the case of Dr. Uma Agarwal v. State of U.P. and others reported in 1999 (Vol-2) UPLBEC 1006 and the judgment and order passed by the Division Bench of this Court in the case of Brahma Lal versus Union of India and others reported in [2004 (22) LCD 486].

It is also clarified that we have not entered into merit of the controversy.

Subject to the aforesaid directions, the writ petition is disposed of finally."

3. Learned Standing Counsel has filed compliance affidavit whereby it has been stated that the order has been complied with.

4. In regard to payment of interest an affidavit has been filed, wherein it has been alleged that in the order dated 17.2.2022 interest part of the payment schedule has been disclosed that it is the Committee of Management of the institution who has submitted the papers after three years, therefore the Regional Higher Education Officer is not responsible for the payment of interest.

5. In view of the order of compliance being passed, in case the petitioner is aggrieved by the said order, he can approach appropriate Forum.

6. Accordingly, the contempt application is dismissed and is consigned to record.

Order Date :- 5.5.2022

GK Sinha