Contempt application over non-payment of a retired employee's retiral dues directed to be paid by a writ court order. Only part of the dues was paid; the court rejected the affidavit of partial compliance and listed the matter for framing of charge against the officer.
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Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 402 of 2024
Applicant :- Kandhai Opposite Party :- Shri Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda Counsel for Applicant :- Dheerendra Singh Counsel for Opposite Party :- Anil Kumar Tripathi
Hon'ble Rajeev Singh,J.
1. Heard.
1. Heard the counsel for the petitioner and Sri Anil K. Tripathi, the counsel for the respondents.
2. The present petition has been filed by the petitioner alleging that despite having retired, the retiral dues i.e. GPF, Gratuity Amount, Leave Encashment, Group Insurance and arrears of Seventh Pay Commission along with two ACP have not been paid to the petitioner. 3. The counsel for the respondents Sri Anil K. Tripathi accepts notice on behalf of the respondent 3 and states very fairly that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months.
4. In view of the fairness of the counsel for the respondent no.3, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount has not been paid within the time as granted, the respondent no.3 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization.
5. With the said observations, the writ petition stands disposed off.
7. List this case on 27.9.2024.
Order Date :- 10.9.2024 Gaurav/-
Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the respondent officer should be proceeded with for contempt for non-payment of retiral dues despite a writ court direction.
Kandhai
Shri Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda
Rajeev Singh
As recorded by the court registry
9 orders share this CNR
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