Unknown vs State Of
2023 Latest Caselaw 2471 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  CLCON No.419 of 2017
                                  Hon'ble Ravindra Maithani, J.

Mr. Lalit Sharma and Mr. Azmeen Sheikh, Advocates for the petitioner.

Mr. I.D. Paliwal, Addl. C.S.C. for the State of U.P.

Counter affidavit is taken on record. Miscellaneous Application IA No.1 of 2023 stands disposed of, accordingly.

Supplementary Counter is taken on record. Miscellaneous Application IA No.2 of 2023 stands disposed of, accordingly.

The petitioner has brought to the notice of the Court that the order dated 12.04.2017, passed by this Court in WPSS No.658 of 2014, Kalu Ram Chhatiwal Vs. State of Uttarakhand and Others, has been wilfully disobeyed by the respondent/contemnor.

Heard.

Learned Addl. C.S.C. for the State of U.P. would submit that the pension is to be payable from the State of Uttarakhand and the representation of the petitioner, post judgment dated 12.04.2017, has been rejected on 03.01.2018.

On 12.04.2017, the Court passed the following order:-

"This case has a chequered history. Petitioner has filed petition before the Hon'ble Allahabad High Court. He retired from Nainital as Assistant Teacher LT Grade on 30.06.2000. The petitioner till date has not been paid his retiral/pensionary benefits.

The Additional Director of Education has sent the communication to the Deputy Director Education, Kumaon Mandal, Nainital, Uttarakhand on 04.09.2013 to supply the documents of the petitioner's case i.e. the copy of service-book and the various promotional orders from time to time.

It is evident that the State of Uttarakhand had already done the needful but despite of that the State of Uttar Pradesh till date has not released the retiral/pensionary benefits to the petitioner.

The record reveals that the petitioner was an employee of the State of Uttar Pradesh. He retired on 30.06.2000 and the State of Uttarakhand was created thereafter.

Accordingly, the writ petition is allowed. The respondent nos. 4 and 5 are directed to take the final decision and to release the pensionary/retiral benefits to the petitioner within ten weeks from today."

The respondent nos. 4 and 5 in the WPMS No. 658 of 2014 are State of U.P. and Director, Intermediate Education, U.P, Allahabad, respectively. Both of them did not comply with the Court's order dated 12.04.2017, instead they, it appears, sat over the judgment of the order dated 12.04.2017, as if they were hearing appeal against it.

Therefore, prima facie, it is a case of contempt of the Court's order dated 12.4.2017 passed in WPSS No.658 of 2014, Kalu Ram Chhatiwal Vs. State of Uttarakhand and Others.

Let issue notice to the respondent no.2 to personally appear before this Court so that charges may be framed against him.

Steps to be taken within a week. List this matter on 03.10.2023.

(Ravindra Maithani J.) 24.08.2023 RV