CLCON/80/2018
2021 Latest Caselaw 3456 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
     ON THE 3RD DAY OF SEPTEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       CONTEMPT PETITION No. 80 of 2018
BETWEEN:

Aruna Sharma                              ...Petitioner
     (None present for the petitioner)

AND:

Dr. Archana Srivastava & another          ... Opposite Parties

     (By Mr. J.S. Bisht, Advocate)


                      JUDGMENT

1. Mr. J.S. Bisht, learned Standing Counsel appearing for the opposite parties has made a statement that pursuant to the order dated 03.05.2017 passed in WPSS No. 2379 of 2016, the amount of gratuity, deducted from the petitioner, has now been released in his favour. He further informs the Court that the amount of leave encashment has also been released to the petitioner.

2. Regarding interest, he has apprised the Court that Director General, Medical, Health & Family Welfare, Dehradun has fixed responsibility to pay the interest upon Ministerial Assistant and the then Chief Medical Superintendent in the ratio of 40 : 60, respectively; 40% amount, to be payable as interest to the petitioner, has been recovered from the concerned Ministerial Assistant and there is no clarity in respect of remaining 60% amount.

3. Since the order of Writ Court has been substantial complied with, therefore, nothing survives in the contempt petition.

4. Accordingly, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, opposite parties shall make endeavour for recovering the remaining amount, including interest, in order to pay the same to the petitioner, positively within three months.

(MANOJ KUMAR TIWARI, J.) Aswal