CLCON/444/2020
2021 Latest Caselaw 1442 UK

IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
        ON THE 9TH DAY OF APRIL, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 444 of 2020

BETWEEN:

Shayam Sunder Singh.                        ....Petitioner
    (By Mr. Harendra Belwal, Advocate)

AND:
Shri S. Ramaswamy & others.              ...Respondents
    (By Mr. Pradeep Hariya, Standing Counsel for the State
    of Uttarakhand)


                      JUDGMENT

Writ Petition (S/S) No. 1653 of 2019 filed by the petitioner was disposed of by Writ Court vide order dated 14.07.2020. Operative portion of the said order is reproduced below:

"Hence, since the said fact is not denied, this writ petition too would stand disposed of under the same terms and conditions as adjudicated by this Court on 10.12.2018, with only distinction which would be that the period of daily wage services which has to be included and considered in the case of petitioner would be w.e.f. 26.08.1981 till he attained the age of retirement on 31.05.2017, along with statutory interest, as payable under Section 7(3)(A) of the Payment of Gratuity Act."

2. In this Contempt Petition, it is contended that the order passed by Writ Court has not been complied with.

3. On 24.03.2021, learned State Counsel was asked to get instructions in the matter. Today, learned Standing Counsel has produced in Court the instructions received from the Office of D.F.O., Nainital Forest Division (respondent no. 3), which are taken on record. Based on the written instructions, learned Standing Counsel makes a statement that Divisional Forest Officer has sanctioned a sum of ` 3,47,567/- for payment to the petitioner as Gratuity and ` 34,767/- as interest.

4. Learned Standing Counsel submits that the payment, so sanctioned by the D.F.O., would be released to the petitioner as soon as the bill is generated in I.F.M.S. Software, which may take not more than fifteen days.

5. Since D.F.O. has already sanctioned the amount payable to the petitioner as Gratuity + interest, therefore, nothing survives in this contempt petition.

6. Accordingly, contempt petition is dismissed. Contempt notices issued to the respondents are hereby discharged.

7. However, petitioner shall be at liberty to approach this Court, if the payment is not released to him within the stipulated time.

(MANOJ KUMAR TIWARI, J.) Arpan