CLCON/236/2021
2021 Latest Caselaw 2961 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 10TH DAY OF AUGUST, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     CONTEMPT PETITION NO. 236 OF 2021
BETWEEN:
Datt Ram Joshi                            ... Petitioner
     (By Mr. Rajesh Joshi, Advocate)

AND:
Sri Ashok Kumar Verma & another ... Opposite Parties
     (By Mr. Ajay Singh Bisht, learned counsel for opposite party
     no. 1 and Mr. J.S. Bisht, learned Standing Counsel for
     opposite party no. 2)

                       JUDGMENT

1. WPSS No. 1898 of 2020 filed by the petitioner was disposed of in terms of the judgment rendered in Special Appeal No. 78 of 2016. Operative portion of the judgment rendered in SPA No. 78 of 2016 is extracted below:-

"Accordingly, there shall be a direction to respondent no. 11 to ensure that the respondent nos. 1 to 10 and similarly situated person retired from Municipal Corporations, Municipal Councils and Nagar Panchayats throughout the State of Uttarakhand are released their pensionary/ retiral benefits within a period of four weeks from today. The retiral/pensionary benefits shall also carry the interest at the rate of 9% per annum. It is further made clear that in case the arrears of retiral/pensionary benefits are not paid, within the stipulated period, as directed hereinabove, the due amount shall carry the interest at the rate of 18% till the date of its payment."

2. In this contempt petition, learned counsel for the petitioner contends that order passed by Writ Court has not been complied with.

3. A response affidavit has been filed by Mr. Ashok Kumar Verma, Executive Officer, Nagar Palika Parishad, Nainital. It has been stated in the said affidavit that arrears of pension amounting to Rs.1,30,000/- and unpaid gratuity amounting to Rs.1,02,793/- has been paid to the petitioner.

4. Learned counsel for the petitioner submits that no interest has been paid to the petitioner on the delayed payment of retiral dues. To this, Mr. Ajay Singh Bisht, learned counsel for the opposite party no. 1 submits that in view of the precarious financial condition of Nagar Palika Parishad Nainital, at preent it is not possible to pay interest to the petitioner, however, he assures the Court that that component of interest shall be paid to the petitioner on or before 01.04.2022.

5. In view of the assurance given by learned counsel for Nagar Palika Parishad, Nainital, contempt petition is closed. Notices issued to the opposite parties are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal