Court found prima facie contempt for willful non-compliance with a writ order directing payment of interest on delayed pension, gratuity, and GPF. Notice issued to opposite party to show cause why contempt proceedings should not be initiated.
Notice issued for contempt of court.
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Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7748 of 2024
Applicant :- Virendra Singh And Another Opposite Party :- Sri Manoj Kumar Gautam, District Agriculture Officer And 2 Others Counsel for Applicant :- Chandra Shekhar Sharma
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant.
Vide order dated 2.7.2024 passed in Writ A No. 38056 of 1994 filed by the applicant, the writ Court directed as under:
"The petitioner, in the opinion of this Court, is entitled to interest on the delayed payment of gratuity, pension, leave encashment, 90% of his GPF, besides the payment of 10% of GPF, if not already paid together with interest on the arrears of pension, if these have not been paid when pension was sanctioned on 16.09.1993 again, together with interest.
Accordingly, this petition is allowed. A mandamus is issued to the respondents to pay the petitioner interest at the rate of 6% simple interest annually from the date following his retirement until it was paid to the petitioner under each specific head worked out separately. Interest will further be payable on each of the aforesaid heads worked out on the component of interest alone, until the payment of interest on the individual substantive heads. This interest will be payable on the interest also at the rate of 6%. In addition, 10% of the GPF and arrears of pension prior to sanction has not been paid. This too be payable together with 6% interest until the date of payment. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party on 19.7.2024 along with the application. He further submits that the writ court has specifically observed that the petitioner / applicant is entitled for interest on delayed payment of gratuity, pension, leave encashment and GPF, however opposite party no. 1 has issued a letter dated 7.11.2024 observed that there is no delay caused in the payment, therefore, the opposite party has willfully not complied with the order of writ Court and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
From a perusal of the records of the case, a prima facie case for contempt is made out against the opposite party for willful disobedience of the writ Court order.
Issue notice to the opposite party returnable at an early date.
Necessary steps shall be taken within a week.
The opposite party shall appear through counsel and file counter affidavit in the contempt application in order to show cause as to why contempt proceedings may not be initiated for willful disobedience of the writ Court's order.
The Office shall send a copy of this order along with the notice.
List on the date fixed in the notice.
Order Date :- 17.12.2024 Rahul Dwivedi/-
Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Did the opposite party willfully disobey the writ court order regarding payment of interest on delayed gratuity, pension, and GPF?
Is there a prima facie case for civil contempt against the opposite party?
1 provisions across 1 enactments
Virendra Singh
And Another
Sri Manoj Kumar Gautam, District Agriculture Officer
2 Others
Piyush Agrawal
Rahul Dwivedi
As recorded by the court registry
5 orders share this CNR
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