CLCON/152/2021
2021 Latest Caselaw 2873 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 5TH DAY OF AUGUST, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       CONTEMPT PETITION No. 152 of 2021

BETWEEN:

Jagdish Prasad.                                    ...Petitioner
       (There is no representation for the petitioner)

AND:
Shri R.K. Sudhanshu & others.                  ...Respondents
       (By Mr. J.S. Bisht, Standing Counsel for the State of
       Uttarakhand)


                         JUDGMENT

Petitioner filed Writ Petition (S/S) 1578 of 2020, challenging the order, which provided for recovery of a sum of ` 4,000/- from the amount payable as pension to the petitioner. The Writ Court vide order dated 03.12.2020 directed that no recovery shall be made from the petitioner pursuant to the impugned order.

2. Alleging willful violation of the said order, this Contempt Petition has been filed.

3. Compliance affidavits have been filed by Ms. Neelu Verma, Treasury Officer, Lansdowne, District Pauri Garhwal & Mr. Viveka Prasad Semwal, Executive Engineer, Provincial Division, Public Works Department, Lansdowne, District Pauri Garhwal. In paragraph no. 8 of both the compliance affidavits, it has been stated that a deduction of ` 4,000/- was

made from the amount payable as pension to the petitioner for the month of December, 2020, however, the said amount has been refunded to the petitioner alongwith pension paid to him for the month of April, 2021. In paragraph no. 5 of the compliance affidavits, it has been stated that respondents have stopped the recovery of amount of ` 4,000/- from the pension of the petitioner after the month of January, 2021 onwards. Paragraph no. 8 of the compliance affidavit filed by Ms. Neelu Verma, Treasury Officer, Lansdowne, District Pauri Garhwal/respondent no. 5 is reproduced below:

"8. That it is not out of context to state here that since the recovery amount of Rs. 4,000/- has been deducted from the pension of the petitioner for the month of December, 2020, therefore, the said amount of Rs. 4,000/- has been paid as arrear of pension to the petitioner in the pension of the petitioner for the month of April 2021. For ready reference, true/correct typed version/copy of the Annual Salary Statement of the petitioner from Mar 2020 to Feb 2021 are collectively being annexed as Annexure No. E-2 and Mar 2021 to May 2021 are collectively being annexed as Annexure No. E-3 to this affidavit."

4. In view of the statement made by respondent no. 5 in the compliance affidavit, this Court is of the considered opinion that it is not a case of willful disobedience of the order passed by Writ Court.

5. Accordingly, the contempt petition is closed.

6. Contempt notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Arpan