Uttarakhand High Court
CLCON/53/2019 on 20 March, 2023
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reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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CLCON No. 53 of 2019
Hon'ble Manoj Kumar Tiwari, J.
Mr. Avtar Singh Rawat, learned Senior
assisted by Mr. R.S. Bisht, learned counsel
for the petitioner.
Mr. Ashish Joshi, learned counsel for
opposite party no. 1.
Mr. Himanshu Pal, learned counsel for
opposite party no. 2 & 6.
Mr. J.S. Bisht, learned Standing
Counsel for opposite party no. 5.
Petitioner was appointed as Teacher in
Uttarakhand Sanskrit University. His
services were terminated vide order dated
11.04.2018. Against termination order,
petitioner filed WPSB No. 155 of 2018,
which was allowed vide order date
20.12.2018. Operative portion of the said
judgment is extracted below:-
"35. While this order shall not disable the
respondent-University from either itself, or
through an Inquiry Officer, examining fresh
whether or not the petitioner fulfilled the
qualifications of a Professor, the petitioner
shall however be reinstated into service
forthwith, and be extended the benefits which
he is entitled to, consequent on his
reinstatement into service, and as a result of
the impugned order having been set aside."
Alleging non-compliance of the said
order, this contempt petition was filed.
It was contended on behalf of
petitioner that no monetary benefit has
been paid to him in terms of judgment of
this Court.
Mr. Himanshu Pal, learned counsel
appearing for opposite party nos. 2 & 6 has
drawn attention of this Court to para 13 of
the compliance affidavit, filed by opposite
party nos. 2 & 6, which is reproduced
below:-
"13. That on 03.06.2022 the university
released the payment of Rs. 15,10,204/-
through cheque No. 004249 dated 02.06.2022.
The details of due drawn statement in respect
of Dr. Mohan Chandra Balodi is as under:-
Due
Basic Pay Rs. 632138
Grade Pay Rs. 111506
Dearness Allowance (DA) Rs. 1100170
House Rent Allowance Rs. 55752
Contributory Pension Rs. 18752
Uttarakhand Vikash Bhatta Rs. 3021
Total Rs. 2089970
Deduction
University Subscription Rs. 184383
Employees Subscription Rs. 184383
Group Life Insurance Rs. 1000
Income Tax Deduction Rs. 579766
Net Drawn
Total Rs. 1510204
True copy of letter dated 3.06.2022
addressed to the bank manager along with the
proof of payment is annexed hereto and
marked as Annexure No. 6."
Mr. A.S. Rawat, learned Senior
Counsel appearing for the petitioner submits
that subsistence allowance for the period of
suspension has not been paid and arrear of
7th Pay Commission has also not been
released to him so far.
Mr. Himanshu Pal, learned counsel for
opposite party nos. 2 & 6, however, submits
that all the admitted dues, payable to
petitioner, have been directed to be
released in favour of petitioner. He further
submits that since there is a dispute as to
whether petitioner is entitled to subsistence
allowance and arrear of 7th Pay Commission,
therefore, the said amount has not been
paid to him.
Learned Senior Counsel for the
petitioner, however, submits that payment
has not been received by petitioner so far.
Learned counsel for opposite party
nos. 2 & 6 undertakes to credit the amount,
which has been sanctioned vide order dated
01.06.2022, in the saving bank account of
petitioner positively, within three weeks.
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 claiming subsistence
allowance and arrear of 7th Pay Commission.
(Manoj Kumar Tiwari, J.)
20.03.2023
Aswal
