Rakesh Gaud vs Amit Aaseri, Nagar Ayukt Nagar
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7965 of 2022
 

 
Applicant :- Rakesh Gaud
 
Opposite Party :- Amit Aaseri, Nagar Ayukt Nagar
 
Counsel for Applicant :- Agnihotri Kumar Tripathi,Rajesh Kumar Pandey
 

 
Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 07.05.2022 passed in Writ A No. 6961/2022 filed by the applicant, the writ Court directed as under:

"In view of the above, this petition stands disposed of with a direction to the concerned competent respondent to consider and decide the claim of the petitioner as raised in his representation dated 19.01.2022 in the light of the law laid down by the Supreme Court in the case of Prem Singh (supra) and the order issued in the case of State of Gujarat (supra) and Division Bench of this Court in the case of Chetram (supra) considering the applicability of pensionary benefits applying the principles laid down in the above referred judgments (supra), within a period of three months from the date of production of certified copy of this order and in the event petitioner has retired from an establishment where pension rules are applicable and claim of the petitioner is found to be valid, his pension shall be fixed as per the rules and the entire post retirement dues including pension be released within a further period of six weeks. "

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 20.05.2022, 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 writ Court within one month from the date of production of a 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 record 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.

Order Date :- 5.1.2023

Amit Mishra