The Allahabad High Court has expressed displeasure over non-compliance of the order to pay retirement benefits and pension to the retiring principal and asked Director Secondary Education that contempt charges will be framed against them for not complying with the order until the next hearing.
Also, the court directed that Additional Chief Secretary Secondary Education Aradhana Shukla will have to appear in the court.
“This Court is of the considered opinion that there is deliberate noncompliance of the writ court order by the opposite party no.1. The impleadment application filed today is allowed. Let necessary impleadment be carried out forthwith.”
This order has been given by Justice MC Tripathi while hearing contempt plea filed by Ramlakhan Pal of Hardoi. According to the contempt petition, the petitioner retired on 30 March 2017 as the headmaster of RR Inter College Hardoi.
Even after one and a half years, he is not being paid retirement benefits and pension. On filing the petition, the High Court had instructed to consider the representation of the petitioner and pay it within three months.
The petitioner said that despite giving a copy of this order to the authorities, no payment was made to it, so it filed a contempt petition. The Court asked the Director Secondary Education to pay pension while giving another opportunity to follow the order, but despite this order, time was repeatedly sought from the Director. If the payment was not made even after several dates of hearing, the court took a strict stand and issued a show cause notice to the director and sought clarification from them.
The Court, considering it as a deliberate violation of the order, directed Director Secondary Vinay Kumar Pandey to comply with the order till the next hearing. The court also said that in case the writ court order is not complied with in letter and spirit on next date fixed, the Court has no other option except to proceed for framing charge against the opposite party on the next date fixed in the matter.
Case details
Case: - CONTEMPT APPLICATION (CIVIL) No. - 3941 of 2019
Applicant: - Ram Lakhan Pal
Opposite Party: - Vinay Kumar Pandey, Director Education (Secondary) And Another
Counsel for Applicant: - Awadhesh Kumar Mishra
Quorum: Justice MC Tripathi
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