Uttarakhand High Court
CLCON/262/2023 on 21 September, 2024
Author: Manoj K.Tiwari
Bench: Manoj Kumar Tiwari
2024:UHC:6918
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
CLCON No. 262 of 2023
Hon'ble Manoj Kumar Tiwari, J.
Mr. M. S. Bhandari, learned counsel
for the contempt-petitioner.
2. Mr. J.S. Bisht, learned counsel for
the State.
3. Writ Petition (S/S) No. 267 of 2023
filed by petitioner was disposed of on
24.07.2023 with the following direction:
"The respondent no.2, the Chief
Education Officer-Rudraprayag, is directed
to release the pension of the petitioner
within a period of six weeks from today.
The arrears of the pension shall also be
paid within the period of six weeks from
today along with the interest & 6% per
annum."
4. In Special Appeal No. 364 if 2023,
the Division Bench vide order dated
14.08.2024 modified the order dated
24.07.2023 passed by learned Single
Judge to the following effect:
"The attitude of the officials against the
writ petitioner appears to be highly
objectionable, therefore, we dismiss the
Appeal with slight modification in the order
passed by learned Single Judge and direct
the respondents-appellants herein to
release the pensionary benefit to the writ
petitioner within two months positively from
the date of the judgment, failing which,
respondents /appellants shall be liable to
pay 12% interest on delayed payment."
5. Alleging non-compliance of the order
passed by Writ Court, this contempt
petition has been filed.
6. Mr. J.S.Bisht, learned State counsel,
on instructions, submits that the entire
2024:UHC:6918
pensionary dues has been released to
petitioner on different dates as indicated
in para 7 & 9 of the response affidavit
dated 12.09.2024 filed by P. K. Bisht,
Chief Education Officer, Rudraprayag,
which are extracted below:
"7. That it is respectfully submitted that
in compliance of the Hon'ble Court's
directions passed in the writ petition and
confirmed in Special Appeal, it is
respectfully submitted that the final
payment of pension has been made to the
petitioner vide PPO dated 09.09.2024. A
perusal of the PPO dated 09.09.2024
issued by Treasury Officer, Rudrapryag
disclosed that the total pension after
commutation of the petitioner is fixed Rs.
27,330/- excluding the Dearness
Allowance. The PPO dated 09.09.2024 also
disclosed that a net gratuity of Rs.
14,63,376/- has been paid to the petitioner
after deducting sum recovery amount of Rs.
61,638/- from the total gratuity Rs.
15,25,014/-. It is also sated in the PPO
that a sum of Rs. 17,91,536/- has been
paid to the petitioner for pension
commutation amount. A true copy of the
PPO dated 09.09.2024 is annexed as
Annexure No. RA-2 to this affidavit.
9. That it is respectfully submitted that the
arrears of pension from 31.03.2021 to
31.08.2024 to the tune of Rs. 19,22,670/-
has been paid to the petitioner after
deduction of amount of provisional pension
paid Rs. 6,72,318/- from the total arrears
of pension Rs. 25,94,988/-/. Thus the
arrears of pension Rs. 19,22,670/- has
also been paid to the petitioner accordingly.
In this regard the papers showing the
payment of arrears of pension is annexed
as Annexure No. RA-4 to this Affidavit."
7. Learned counsel for the petitioner
submits that in Special Appeal No. 364 of
2023, filed by the State, Division Bench
had provided that if retiral benefits are not
paid within two months from the date of
judgment, then petitioner shall be entitled
to interest at the rate of 12 % per annum
which, however, has not been paid to the
contempt-petitioner.
2024:UHC:6918
8. Mr. J. S. Bisht, learned State
counsel, however, submits that Chief
Education Officer, Rudraprayag has
written to Director, Elementary Education
on 23.08.2024, and amount payable as
interest would be paid to petitioner, as
soon as necessary funds are released from
the State Government.
9. In view of assurance given by Mr.
J.S.Bisht, Contempt Petition is disposed of
by directing that the amount of interest
shall be paid to petitioner within eight
weeks from the date of production of
certified copy of this Order.
10. In case, interest is not paid within
eight weeks from today, petitioner shall be
at liberty to seek recall of this order.
(Manoj K.Tiwari, J.)
21.09.2024
Kaushal
KAUSHAL Digitally signed by KAUSHAL KISHORE SHARMA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
KISHORE
2.5.4.20=e33641d1c073f8e375ccc241558c204ac0da6
fbee9d17c15b51a1981a8ceaaab,
postalCode=263001, st=UTTARAKHAND,
serialNumber=2B1BFF4A3618631A4EB9CE5CFEE4E6
C6DFB01BFCA197F022850656F9BD72BA13,
SHARMA
cn=KAUSHAL KISHORE SHARMA
Date: 2024.09.24 18:58:24 +05'30'
