Anjum Ara vs Abhishek Kumar Singh, Incharge ...
2022 Latest Caselaw 13577 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 102 of 2020
 

 
Applicant :- Anjum Ara
 
Opposite Party :- Abhishek Kumar Singh, Incharge Apar Mukhya Adhikari Zila Panchayat And Another
 
Counsel for Applicant :- Shahid Ali Siddiqui
 
Counsel for Opposite Party :- Raj Kumar Kesari,Ashok Kumar Tiwari
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Shahid Ali Siddiqui, learned counsel for the applicant and Sri Ashok Kumar Tiwari, learned counsel for the opposite party.

The applicant has approached this Court on 10.10.2017 through Writ-A No. 48210 of 2017 claiming the benefit that she be retired at the age of 62 and not at the age of 60. The writ Court on 06.03.2019 disposed off the writ petition granting benefit to the applicant in view of the order passed in Writ Petition No. 44835 of 2013 (Usha Bunkar Vs. General Officer, Commanding-in-Chief, Central Command and others). The said order was confirmed in Special Appeal No. 230 of 2017.

In case of Usha Bunkar (Supra) the writ Court relying upon the judgment of Apex Court rendered in case of State of U.P. Vs. Dayanand Chakrawarty and others, 2013 (7) SCC 595, has held that in case a candidate approaches the Court before the date of retirement, she would be entitled to entire arrears of salary up to the age of superannuation i.e. 62 years even if no interim order was passed but as she has approached the Court before the date of retirement.

In the present case, the applicant had attained the age of superannuation on 31.01.2017 and had filed the writ petition on 10.10.2017 seeking superannuation at the age of 62 years. The authorities have found that the judgment rendered by writ Court in case of Usha Bunkar (Supra) which has relied on decision of Apex Court in case of Dayanand Chakrawarty (Supra) was not applicable in case of applicant and no benefit was accorded to her.

This Court after going through the decision rendered by this Court as well as Apex Court, finds that no case for contempt is made out as the authorities had not intentionally disobeyed the order of writ Court.

Contempt application is dismissed, accordingly.

Contempt notice stands discharged.

However, leaving it open to the applicant to challenge the order passed by the authorities before the appropriate legal forum, if so advised.

Order Date :- 19.9.2022

Shekhar