Uttarakhand High Court
CLCON/217/2021 on 15 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 15TH DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Contempt Petition No. 217 of 2021
BETWEEN:
Sur endra Kumar Khanna ...Petitioner
(By Mr. Siddhartha Sah, Advocate)
AND:
Dheeraj Sahu ...Opp. Party
JUDGMENT
1. WPSS No. 2862 of 2017 filed by the
petitioner was disposed of in terms of the order dated
06.11.2012 passed in WPSS No. 570 of 2006 and
WPSS No. 718 of 2006 (decided by a common
judgment). Operative portion of the judgment
of 2006 is reproduced below:-
"Having heard the learned counsel for the
parties and having considered the material
placed before me, it is difficult at the distant
point of time to allow switch over with these
materials. But learned counsel for the petitioner
has produced certain materials which purport to
show that some persons who are similarly
placed and situated with that of the petitioner
have already been granted benefit of switching
over to pension scheme. I think that this
material should be examined by the respondents
authorities. I, therefore, dispose of the writ
petition directing the respondents authorities to
consider the case of the petitioner taking note of
the material which might be placed by the
petitioner before them. Accordingly, a
comprehensive representation shall be made by
the petitioner enclosing the material which has
been placed before me. The authority concerned
will give personal hearing and examine the
matter whether any other persons who are
similarly placed and situated have been granted
switching over benefit or not, and after upon
inquiry, if the authorities concerned find that
switching over benefit has been granted to other
similarly placed and situated persons, such
benefit shall also be extended to the petitioner.
This exercise shall be completed by the
respondents within a period of eight weeks from
the date of communication of this order."
2. Petitioner earlier filled Contempt Petition
No. 2 of 2020 alleging wilful disobedience of the
judgment rendered in WPSS No. 2862 of 2017.
3. A compliance affidavit was filed on behalf of
the respondents in the said contempt petition
enclosing therewith copy of the order dated
05.02.2020 passed by Chief General Manager
(Administration), Uttar Pradesh State Road Transport
Corporation. Based on the compliance affidavit and
also the statement made by learned counsel holding
brief of Mr. Siddhartha Sah, appearing for the
petitioner, the contempt petition was closed by
coordinate Bench of this Court vide order dated
11.03.2020.
4. Petitioner has now again filed this contempt
petition with the allegation that the judgment
rendered in WPSS No. 2862 of 2017 has not been
complied with. Mr. Siddhartha Sah, learned counsel
for the petitioner has placed reliance on two letters
issued by the Authorities of UPSRTC in support of his
contention that no compliance of the judgment of this
Court has been made and the Authorities of UPSRTC
are passing on the burden to others.
5. Annexure No. 6 to the contempt petition is
the communication dated 05.12.2021 issued by
Regional Manager, Bareilly to Finance Controller,
UPSRTC, Lucknow. By the said letter Finance
Controller was requested to release a sum of
`8,82,881/- for payment of pension to the petitioner.
Thereafter Regional Manager, Bareilly issued another
letter dated 22.05.2021 to the Finance Controller,
making same request, which is annexure No. 9 to the
contempt petition.
6. From the perusal of these communications,
it appears that benefit of the judgment rendered in
WPSS No. 2862 of 2017 is yet to be given to the
petitioner.
7. However, in view of the admission made on
behalf of the petitioner before the coordinate Bench
of this Court, dealing with Contempt Petition No. 2 of
2020 that compliance of the judgment has been
made, this Court declines to issue notice to the
opposite party on this contempt petition.
8. Accordingly, contempt petition is dismissed.
However, petitioner shall be at liberty to move
appropriate application in Contempt Petition No. 2 of
2020.
(MANOJ KUMAR TIWARI, J.)
Aswal
