Allahabad High Court
Dal Singar vs Shri Manoj Kumar Singh I.A.S. Prin. ... 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. - 1271 of 2022
Applicant :- Dal Singar
Opposite Party :- Shri Manoj Kumar Singh I.A.S. Prin. Secy.Urban Development Civil Secrt. Lko. And Others
Counsel for Applicant :- Ravindra Nath Mishra
Counsel for Opposite Party :- Satish Chandra Kashish,Anil Kumar Tripathi
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 applicant has disputed the amount paid to the applicant and has further submitted that the court has directed the respondent nos. 4 & 5 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 15.09.2021 had disposed of the writ petition (Writ A No. 18597 of 2021) with a direction to the respondent nos. 4 & 5 to make payment of post retiral dues to the petitioner, within a period of four months, if it is admissible under the law. The relevant extracts of the judgment and order dated 15.09.2021 are quoted hereinbelow:-
"Therefore, I hereby dispose of this writ petition finally directing the opposite party nos. 4 and 5 to make payment of post retiral dues to the petitioner within a period of four months. The petitioner may also claim interest on the delayed payment, if it is admissible under law.
The opposite parties shall take endeavour to make payment of post retiral dues to the petitioner in installments but within a maximum period of four 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 interest or rate of interest was directed to be paid by the writ Court. It is admitted case of the applicant that interest @ 2.5 per cent which is at lower rate of interest was paid. If there is any dispute regarding the determination 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. This Court had 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, so it is for the applicant to claim which he had claimed and the interest was paid but the dispute is that the same is at the lower rate of 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
