Dismissed

Sukhdev Prasad v. Sri Prem Chand Yadav, Distt. Basic Education Officer, Gonda and Others

Allahabad HC19 Jun 2024CAPL/2453/2024

Case brief

AI extract

What is this about?

Contempt petition for alleged non-compliance of a writ order directing payment of retirement-related dues. Respondents filed compliance affidavit showing payment credited; applicant could not dispute compliance. Court dismissed the contempt petition as infructuous, leaving remedies open for any residual dispute.

What the court decided

AI extract

Sukhdev Prasad vs Sri Prem Chand Yadav, Distt. Basic… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70164

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 2453 of 2024

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Applicant :- Sukhdev Prasad Opposite Party :- Sri Prem Chand Yadav, Distt. Basic Education Officer, Gonda And Others Counsel for Applicant :- Chandresh Mani Shukla Counsel for Opposite Party :- Uday Veer Singh,Abhiuday Pratap Singh

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Hon'ble Manish Kumar,J.

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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 Officer, Gonda and the Finance and Accounts Officer, 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.

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Learned Counsel for the BSA has submitted that a compliance affidavit 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.

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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 affidavit 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.

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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.

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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.

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Notice issued earlier, if any, stand discharged. Order Date :- 18.10.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Sukhdev Prasad v. Sri Prem Chand Yadav, Distt. Basic Education Officer, Gonda and Others

Case brief

What is this about?

What the court decided

Sukhdev Prasad v. Sri Prem Chand Yadav, Distt. Basic Education Officer, Gonda and Others

Case brief

What is this about?

What the court decided

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