Unknown vs State Of Uttar Pradesh &
2021 Latest Caselaw 408 UK

  IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 23rd DAY OF FEBRUARY, 2021
                         BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Contempt Petition No. 510 of 2020


BETWEEN:
     Bachi Ram                                ....Petitioner
     (Mr. Tribhuwan Chandra Pandey, Advocate)




AND:
     Shri R.K. Sudhanshu & others          .....Respondents

     (Mr. H.M. Raturi, Deputy Advocate General with Mr. J.S.
     Bisht, Standing Counsel for the State of Uttarakhand)



                       JUDGMENT

Writ Petition (S/S) No. 1136 of 2020, filed by the petitioner was disposed of by Writ Court, in terms of judgment rendered by Hon'ble Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh & others, reported in (2019) 10 SCC 516. Para No. 37 of the judgment rendered by Hon'ble Supreme Court is extracted below:-

"37. In view of reading down Rule 3(8) of the U.P. Retirement Benefits Rules, 1961, we hold that services rendered in the work-charged establishment shall be treated as qualifying service under the aforesaid rule for grant of pension. The arrears of pension shall be confined to three years only before the date of the order. Let the admissible benefits be paid accordingly within three months. Resultantly, the appeals filed by the employees are allowed and filed by the State are dismissed."

2. In this Contempt Petition, petitioner had alleged that the opposite parties have wilfully disobeyed the judgment of Writ Court.

3. Compliance affidavits have been filed by the opposite parties. In para no. 17 of the compliance affidavit, filed by opposite party no. 1, it has been stated that a total sum of ` 11,29,984/- has been paid to the petitioner. Para no. 17 of the compliance affidavit, filed by opposite party no. 1, is extracted below:-

"17. That thereafter payment of a sum of Rs. 4,93,785/- towards basic salary, Rs. 56,619/- towards dearness allowance, Rs. 1,49,292/- towards gratuity, Rs. 4,31,562/- towards commutation, totalling to Rs. 11,29,984/- was payable to the Petitioner. It is further submitted that after adjustment/deduction a sum of Rs. 1,274/- and Rs. 1,25,070/, which was paid in excess towards salary, payment of Rs. 10,04,914/- has been made to the Petitioner on 06.01.2021, thereby leaving no balance to be paid to the Petitioner. Copy of Treasury Payment Statement dated 01 January/06 January, 2021 is being filed and placed as ANNEXURE-6 to this affidavit."

4. Since the retiral dues have been paid to the petitioner, in terms of judgment of this Court, therefore, this is not a case of wilful disobedience of the judgment.

5. In such view of the matter, Contempt Petition is closed.

6. Contempt notices issued against respondents are hereby discharged. However, petitioner shall be at liberty to approach the appropriate forum, in case, any of his grievance still survive.

(MANOJ KUMAR TIWARI, J.) Navin