Citation : 2023 Latest Caselaw 27945 ALL
Judgement Date : 10 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:195195 Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2956 of 2018 Applicant :- Vinod Kumar Mishra Opposite Party :- Alok Singh Counsel for Applicant :- Shriraman Pandey,Brijendra Kumar Raj Counsel for Opposite Party :- Sushil Kumar Rao,Om Prakash Singh Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 28.11.2017 in Writ-A No. 20828 of 2016 passed the following order:-
"The petitioner was due to retire on 30.06.2014, but was served with an order with dismissal from service on 28.06.2014, just 2 days prior to the date of his superannuation. The facts of this case almost similar to the facts involved in Writ-A No.46880 of 2015, wherein, the orders passed by the same respondent Corporation were subjected to challenge before this Court and by the Judgment dated 26.02.2016, the aforesaid writ petition was allowed.
This writ petition is also allowed in terms of the same order and the punishment order dated 07.03.2015 and 28.06.2014 passed by the Managing Director/ Respondent no.3, on behalf of the Executive Committee (Annexure No. I and II to this writ petition) are hereby quashed. The respondent concerned 3 is directed to process the petitioner's claim for payment of retiral dues in accordance with the law within a period of 2 months from the date of presentation of the Certified copy of the order before him.
The writ petition is allowed without any order as to costs"
Pursuant to order of writ Court, a compliance affidavit has been filed wherein in para no. 13 and 19, it has been stated that entire amount of retiral dues has been paid to the applicant. Details of which has been given in para nos. 13, 14, 15 and 16 to affidavit.
In view of said fact, as the order of writ Court has been complied with and retiral dues have been paid, the contempt application is rendered infructuous and the same stands dismissed.
Contempt notice stands discharged.
However, leaving it open to the applicant to approach the appropriate forum if any payment has not been made.
Order Date :- 10.10.2023
V.S.Singh
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