The applicant filed a contempt petition for non-compliance with a writ order directing payment of dues. The authorities filed a compliance affidavit claiming payment was made. The court found the petition infructuous and dismissed it.
Notice discharged and contempt application dismissed as infructuous.
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Neutral Citation No. - 2024:AHC-LKO:70164
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2453 of 2024
Applicant :- Sukhdev Prasad Opposite Party :- Sri Prem Chand Yadav, Distt. Basic Education OfÏcer, Gonda And Others Counsel for Applicant :- Chandresh Mani Shukla Counsel for Opposite Party :- Uday Veer Singh,Abhiuday Pratap Singh
Hon'ble Manish Kumar,J.
The present contempt petition has been preferred for wilful disobedience and non compliance of judgment and order dated 19.03.2024 passed in Writ A No. 2190 of 2024 wherein an order has been passed by this Court directing the District Basic Education OfÏcer, Gonda and the Finance and Accounts OfÏcer, Basic Education, Gonda to consider and decide the application dated 19.02.2024 within a period of eight weeks and in case, the petitioner is found entitled for the aforesaid benefits, the actual payment of same shall also be ensured within a period of six weeks thereafter. Concerned authority shall also take a decision with regard to payment of interest to the petitioner on account of delayed payment.
Learned Counsel for the BSA has submitted that a compliance afÏdavit has been filed on 18.09.2024 enclosing therein the decision dated 19.06.2024 on the representation of the petitioner and he has also submitted that the payment has already been credited in the account of the applicant in the first week of October, 2024.
It is further submitted that the payment was made to the applicant within less than two months period from the date of receiving the service book and other relevant documents on 06.08.2024 from the Committee of Management of the institution where the applicant was working and this fact could be seen from paragraph 6 & 12 of the afÏdavit of compliance dated 18.09.2024, so there is no delay on the part of the authorities/answering respondents. Hence, the interest has not been paid.
On the other hand, learned counsel for the applicant is disputing the date of determination of dues by the authorities and the amount of payment made but unable to dispute that otherwise the judgment and order passed by the writ court has been complied with.
In view of above, the present contempt petition has become infructuous, hence dismissed and it is always open for the petitioner that if there is any dispute, he may avail the remedy as may be permissible under the law.
Notice issued earlier, if any, stand discharged. Order Date :- 18.10.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt petition challenging non-compliance with a writ order inviting a compliance affidavit can be dismissed as infructuous.
1 provisions across 1 enactments
Sukhdev Prasad
Sri Prem Chand Yadav
Manish Kumar
Nitesh Kumar Tewary
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
