The High Court directed the respondents to honor the undertaking that the petitioner would be paid outstanding dues as funds become available without delay, with a warning of contempt action for default.
Directing respondents to honor undertaking regarding payment of petitioner's dues as funds become available without delay.
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Neutral Citation No. - 2023:AHC:223903
Court No. - 34
Case :- WRIT - A No. - 18549 of 2023
Petitioner :- Mrityunjay Kumar Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Patel Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
Instructions have been obtained by learned Standing Counsel Sri Rahul Malviya, which are taken on record.
As per the instructions vide para 14 it has been stated that the petitioner had been paid entire outstanding dues and the payments depend upon the availability of funds. It is stated further by the learned Standing Counsel that if there is no scarcity of funds and fund is available with Gram Sabha / Gram Panchayat concerned, the payment should be made to the petitioner without any undue delay.
The Court is of the view that this undertaking advanced before the Court as instructions will be taken care of in future.
Learned counsel for the petitioner does not dispute that the entire payments have been cleared. So for regarding future payments, it is submitted that the direction may be issued for payment as and when the same is due to the petitioner.
Since the learned Standing Counsel has given this undertaking on behalf of the State respondents as well as instructions do carry the same statement of fact that petitioner would be paid remuneration as per the availability of fund without any delay, it is directed that undertaking shall be honored, failing which concerned respondents may be liable for contempt.
With these observations and directions, this petition stands disposed of.
Order Date :- 28.11.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
Mrityunjay Kumar Maurya
State Of U.P.
Ajit Kumar
IrfanUddin
As recorded by the court registry
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