CLCON/212/2021
2021 Latest Caselaw 2371 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
        ON THE 12TH DAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Contempt Petition No. 212 of 2021
BETWEEN:

Rajesh Kumar Tyagi                   ...Petitioner
     (By Mr. D.K. Tyagi, Advocate)

AND:

Ashish Chauhan & another             ...Opposite Parties

     (By Mr. Sandeep Kothari, learned counsel for opposite
     party no. 1 and Mr. Ashish Joshi, learned counsel for
     opposite party no. 2)


                      JUDGMENT

1. Petitioner filed WPSS No. 1595 of 2020 for release of his retiral dues. The said writ petition was disposed vide order dated 03.12.2020 with a direction to the respondents to make payment to the petitioner regarding retiral dues within six months from the date of production of certified copy of the order.

2. In this contempt petition, petitioner has alleged that despite service of the order dated 03.12.2020 upon opposite parties, retiral dues have not been released in favour of the petitioner.

3. Today, Mr. D.K. Tyagi, learned counsel for the petitioner submits that a counter affidavit filed by opposite party no. 2 has been served upon him. In the said counter affidavit, it has been stated that a sum of ₹4,99,000/- has been released in favour of the petitioner, as retiral dues. He, however, submits

that in fact petitioner was entitled to receive a sum of ₹7,67,340, therefore, the amount paid to the petitioner, as retiral dues, is too meagre.

4. Mr. Ashish Joshi, learned counsel appearing for opposite party No. 2, however, submits that excess amount to the tune of ₹2,66,339/- was paid to the petitioner as Assured Career Progression, therefore, the said excess amount has been deducted from the retiral dues, which was paid to the petitioner.

5. Since the only direction issued to the opposite parties was to make payment of the retiral dues to the petitioner and such payment has been made to him, therefore, in the humble opinion of this Court, this is not a case of wilful disobedience of the order of this Court.

6. Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioner shall be at liberty to approach the appropriate forum for redressal of his grievance, if any.

(MANOJ KUMAR TIWARI, J.) Aswal