Allahabad High Court
Dev Bart Shukla vs Anil Kumar,Account Officer U.P. ... on 6 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:192885
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5630 of 2023
Applicant :- Dev Bart Shukla
Opposite Party :- Anil Kumar,Account Officer U.P. Jal Nigam And Another
Counsel for Applicant :- Vijay Kumar Rai,Stuti Saini
Counsel for Opposite Party :- Sanjay Kumar Om
Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 17.01.2023 while disposing off Writ-A No. 769 of 2023 passed the following order;
"Heard learned counsel for the petitioner and Sri Pravin Kumar, Advocate holding brief of Sri S.K. Om, learned counsel for respondents.
At the very outset, counsel for the respondent submitted that petitioner has been retired from District Prataphgarh, therefore, jurisdiction of this case lies before Lucknow Bench of this Court.
Learned counsel appearing for the petitioner submitted that in the light of judgment of Apex Court in the case of Shanti Devi Alias Shanti Mishra Vs. Union of India and Others reported in (2020) 10 SCC 766, after retirement, petitioner is residing in a particular district of State of Uttar Pradesh, therefore, this Court may entertain the petition coupled with the fact that petition has been filed only for a writ of mandamus to decide the claim of retiral benefit of the petitioner. Therefore, the court may pass an appropriate order.
I have perused the judgment of Apex Court in the case of Shanti Devi (Supra). Argument of the learned counsel for the petitioner is having substance.
Therefore, the petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case."
A compliance affidavit has been filed by the opposite party wherein it has been stated that representation of the applicant has been decided on 12.09.2023 and retiral dues have been paid to the applicant, copy of the said order has been brought on record as annexure No. 1 to the compliance affidavit.
As the order of writ Court has been complied by the opposite party, no case for contempt is made out.
Contempt application stands dismissed. However, leaving it open to the applicant to assail the order passed by the opposite party before the appropriate forum, if so advised.
Contempt notice stands discharged.
File consign to record.
Sri S.K. Om, learned counsel, has put in appearance on behalf of opposite party.
Order Date :- 6.10.2023
Shekhar
