Dr. Smt. Amita Gupta vs Shri Saurabh Chandra Prin.Secy. ...
2022 Latest Caselaw 3589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1641 of 2020
 

 
Applicant :- Dr. Smt. Amita Gupta
 
Opposite Party :- Shri Saurabh Chandra Prin.Secy. Deptt. Of Labour Lko. Andors.
 
Counsel for Applicant :- Amol Kumar
 
Counsel for Opposite Party :- Manjive Shukla
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Amol Kumar, learned counsel for the applicant as well as Sri Manjive Shukla, Standing counsel appearing for the opposite parties.

2. In compliance of earlier orders of this Court Sri Suresh Chandra, Additional Chief Secretary, Labour and Employment and Sri Prem Prakash Pal, Director, Employees State Insurance Scheme, Labour and Health Services, Kanpur Nagar, Kanpur are present in person.

3. Sri Manjive Shukla has submitted that the order of the writ Court dated 19.6.2020 passed in writ petition No.9391 (S/S) of 2020 has been complied where this Court while extending the benefit of the judgment and order passed in wit petition No.1573 (S/B) of 2012 had directed the respondents to take into consideration the adhoc services rendered by the petitioner for all purposes. It has been stated that appropriate direction complying the said order has been passed by Additional Chief Secretary, Labour and Employment by means of order dated 2nd May, 2022 where all the benefits have been granted to the applicant taking into consideration the adhoc services rendered by him. He has further submitted that in pursuance of the said order the amount of GPF, GIS, leave encashment and computation of pension and gratuity have already been paid and credited to the account of the applicant which is evidenced by the documents annexed along with the affidavit of compliance filed toady, which is taken on record.

4. Sri Amol Kumar does not dispute aforesaid facts.

5. Considering that the order of the writ Court has been complied and all the benefits of adhoc services have been granted to the applicant as well as all the admissible dues have been paid by the opposite parties, it cannot be said that the opposite parties now run in contempt petition. The contempt petition is accordingly dismissed. Notices, if any, are discharged.

6. However, in case the applicant has any grievance with regard to error in computation, it is provided that he shall make a representation to the competent authority within a period of ten days' from today and in case such an application is moved, the competent authority shall consider and decide the same within a further period of four weeks thereafter and communicate the same to the applicant.

Order Date :- 20.5.2022 (Alok Mathur, J.)

RKM.