Uttarakhand High Court
CLCON/397/2017 on 9 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 9TH DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
CONTEMPT PETITION No. 397 of 2017
BETWEEN:
Dr. Subhash Chand Sharma. ...Petitioner
(By Mr. Pankaj Miglani, Advocate)
AND:
Chander Shekhar Bhatt & others. ...Respondents
(By Mr. Pradeep Hariya, Standing Counsel for the State
of Uttarakhand)
JUDGMENT
Petitioner retired from the post of Lecturer
(Physics) from Dr. Karn Singh Inter College, Rehlai
(Agra) in State of Uttar Pradesh. He filed Writ
Petition (S/S) 2301 of 2015 for release of his terminal
benefits, including gratuity. The said writ petition was
allowed by Writ Court vide order dated 19.04.2017
and the respondents were directed to release the
terminal benefits to the petitioner within a period of
ten weeks alongwith 12% per annum interest.
2. Alleging willful violation of the said order,
this Contempt Petition has been filed.
3. A response affidavit has been filed by Mr.
Dinesh Lal Sah, Principal, District Education & Training
Institute, Roorkee. Paragraph nos. 6 & 7 of the said
affidavit are reproduced below:
"6. That the petitioner vide
applications dated 21-09-2017
requested the answering respondent
that since his pension is covered under
the old pension scheme, hence, his
pension and gratuity amount shall be
payable from the State of U.P. and
now he will not submit any claim for
his pension and gratuity amount
before the answering respondent. The
petitioner further requested the
answering respondent to make the
payment of leave encashment, group
insurance and GPF as early as
possible. It is further submitted before
the Hon'ble Court the petitioner ought
to have submitted his consent letter
and relevant document for the
payment of G.P.F. at the time of when
the petitioner was relieved for the
State of U.P. on 17-02-2012, whereas
the petitioner gave his consent letter
only on 21-09-2017 and requested the
deponent to transfer his deposited
amount of GPF in account no.
KEDU/22298 to newly allotted G.P.F.
Account no. 83. Copy of the letters
dated 21-09-2017 are being annexed
herewith and marked as Annexures-2
& 3 to this affidavit.
7. That it is further submitted before
the Hon'ble Court that on 28-09-2017
the payment of leave encashment and
group insurance has been made to the
petitioner while and for the payment of
G.P.F., the answering respondent vide
his letter dated 19-09-2000 wrote a
letter to Accountant General,
Uttarakhand, Dehradun to verify the
GPF Passbook no. KEDU/22298 as
early as possible so that the payment
of G.P.F. would be made to the
petitioner, which is likely to take some
time, therefore, the answering
deponent may be granted 1 month's
time to make the payment of G.P.F. so
that the order of the Hon'ble Court
may be complied with. It is further
submitted before the Hon'ble Court
that as regards to the payment of
interest @12%, the answering
respondent vide letter dated 27-09-
2017 referred the matter to the
Director, Secondary Education,
Uttarakhand for necessary direction.
Copy of the details of payment and
documents and copy of the letter
dated 27-09-2017 are being annexed
herewith and marked as Annexure-4 &
5 to this affidavit."
4. Learned counsel for the petitioner submits
that he has lost contact with his client, therefore, he
is not in a position to make definite statement about
the compliance of the judgment rendered by Writ
Court.
5. Learned Standing Counsel submits that
since petitioner retired from the State of Uttar
Pradesh, therefore, the liability to pay pension to the
petitioner is of the State of Uttar Pradesh. He further
submits that pension papers of the petitioner were
sent by the respondents to the Competent Authority
in State of Uttar Pradesh.
6. In such view of the matter, this Court is of
the opinion that substantial compliance of the order
passed by Writ Court has been made.
7. Accordingly, the contempt petition is closed.
8. Contempt notices issued to the respondents
are hereby discharged.
(MANOJ KUMAR TIWARI, J.)
Arpan
