Hari Ram vs Shri Manoj Kumar Singh, Prin. Secy. ...
2025 Latest Caselaw 3194 ALL

Allahabad High Court

Hari Ram vs Shri Manoj Kumar Singh, Prin. Secy. ... on 9 January, 2025

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:1585
 
Court No. - 17
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 9 of 2023
 

 
Applicant :- Hari Ram
 
Opposite Party :- Shri Manoj Kumar Singh, Prin. Secy. Urban Development Civil Secrtt. Lko.
 
Counsel for Applicant :- Ravindra Nath Mishra
 
Counsel for Opposite Party :- Anil Kumar Tripathi,Satish Chandra Kashish
 

 
Hon'ble Manish Kumar,J.
 

Sri Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda i.e. respondent no. 4 is present and has filed compliance affidavit in CONTEMPT APPLICATION (CIVIL) No. - 893 of 2022 i.e. in the connected contempt application, which shall be treated to be filed in the present contempt application as the details of payment has been given in the order dated 08.01.2025, which has been enclosed as Annexure no. 1 to the compliance affidavit.

Learned counsel for the respondent no. 4 has submitted that whatever post retiral dues were admissible to the applicant has been paid.

On the other hand, learned counsel for the applicants has disputed the amount paid to the applicant and has further submitted that the court has directed the respondents to pay the interest on the delayed payment from the date of retirement and the same has not been paid which is a willful disobedience and non compliance of the judgment and order passed by the writ Court.

After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that the writ Court by its judgment and order dated 16.03.2022 had disposed of the writ petition (Writ A No. 547 of 2022) with a direction to the respondent nos. 4 & 5 to make payment of post retiral dues to the petitioner within a period of five months, if it is admissible under the law. The relevant extracts of the judgment and order dated 08.02.2022 is quoted hereinbelow:-

"Therefore, this Court hereby dispose of this writ petition finally directing the respondents no.4 and 5 to make payment of post retiral dues to the petitioner within a period of five months. The petitioner may also claim interest on the delayed payment, if it is admissible under law.

The respondents shall endeavour to make payment of post retiral dues to the petitioner in installments but within a maximum period of five months as granted by this Court. If the post retiral dues are not paid in terms of this order the petitioner may further claim penal interest. "

From perusal of the aforesaid judgment and order, no such interest or rate of interest was directed to be paid by the writ court so, if there is any dispute regarding non payment of the same, the same cannot be adjudicated in the contempt proceedings. The second submission for non payment of interest on delayed payment, for that also, there is no specific or clear direction to the respondents for payment of interest though, the Court has given liberty to the applicant/petitioner that he may also claim interest on the delayed payment if it is admissible under law and in case, the retiral dues are not paid in terms of the order, the applicant/petitioner may further claim penal interest. Once there is no specific direction for payment of interest on delayed payment at a particular rate in the contempt proceedings the same cannot be looked into.

In view of the facts and circumstances as discussed above, the judgment and order passed by the writ court has been complied with, as such the present contempt petition is dismissed.

Notice, if any, stands discharged.

The appearance of the Officer present today is exempted.

Order Date :- 9.1.2025

Nitesh