Deshan Devi vs Sunil Dutt, District Basic ...
2023 Latest Caselaw 26439 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:186511
 
Court No. - 9
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4868 of 2023
 

 
Applicant :- Deshan Devi
 
Opposite Party :- Sunil Dutt, District Basic Education Officer And Another
 
Counsel for Applicant :- Kamal Kumar Kesherwani
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Compliance affidavit filed today is taken on record.

The writ Court on 26.07.2022 while disposing off Writ-A No. 6999 of 2022 passed the following order;

"Heard learned counsel for petitioner, learned State Counsel for respondents 1 and 2 and Mr. A.K. Yadav, learned counsel for respondents 3 and 4.

Petition has been filed seeking a direction to respondents to release the admissible interest on delayed payment of gratuity in lieu of services rendered by petitioner's husband late Rajan Lal.

Counter affidavit has been filed on behalf of respondents 3 and 4, which is taken on record.

In paragraph 9 of the counter affidavit sworn by District Basic Education Officer, Mathura although it has been stated that the petitioner is not entitled for payment of interest but at the same time it has also been stated that her case for grant of interest at the rate of 8% per annum from the date of filing of application till the date of actual disbursement is required to be considered in the light of judgment rendered by this Court in Writ Petition No.17399 of 2019 (Usha Rani vs. State of U.P. and others), decided on 7.11.2019. It has been further submitted that the State Government is the sanctioning authority and the payment of interest shall be made once the same is approved by the State Government.

Considering the aforesaid admission on part of respondents 3 and 4, the petition is disposed of in the same terms.

The respondents may take a final decision in the matter within a period of two months from the date a copy of this order is produced before the concerned authority."

Learned counsel for the opposite party has invited the attention of the Court to paragraph no. 4 of the compliance affidavit wherein it has been specifically stated that gratuity amount was paid on 24.01.2022 and the interest on the said gratuity amount was paid on 31.07.2023 and same has been credited into the account of the applicant on 01.08.2023.

As the order of writ Court has been complied by the opposite party, no case for contempt is made out.

Contempt application stands dismissed.

Contempt notice stands discharged.

File consign to record.

Order Date :- 26.9.2023

Shekhar