Dismissed

Shiv Saran Tiwari v. Shri Manoj Kumar Singh, Prin. Secy. Urban Development Civil Secrtt. Lko. and Others

Allahabad HC9 Jan 2025/11/2023

Case brief

AI extract

What is this about?

In this contempt application, the applicant alleged non-payment of interest on delayed post-retiral dues directed by a writ court. The single-judge bench observed that the mutual dispute over the interest rate could not be adjudicated in contempt proceedings since no clear direction for a specific rate existed. The court found the writ court order was substantially complied with.

What did the court decide?

Notice discharged, appearance of present officer exempted, consent application disposed of.

Shiv Saran Tiwari Vs Shri Manoj… — Constitutional and Fundamental Rights | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:1585

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 11 of 2023

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Applicant :- Shiv Saran Tiwari Opposite Party :- Shri Manoj Kumar Singh, Prin. Secy. Urban Development Civil Secrtt. Lko. And Others Counsel for Applicant :- Ravindra Nath Mishra Counsel for Opposite Party :- Satish Chandra Kashish,Aniket Srivastav,Anil Kumar Tripathi

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Hon'ble Manish Kumar,J.

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Sri Sanjay Mishra, Executive OfÏcer, Nagar Palika Parishad, Gonda i.e. respondent no. 4 is present and has filed compliance afÏdavit in CONTEMPT APPLICATION (CIVIL) No. - 893 of 2022 i.e. in the connected contempt application, which shall be treated to be filed in the present contempt application as the details of payment has been given in the order dated 08.01.2025, which has been enclosed as Annexure no. 1 to the compliance afÏdavit.

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Learned counsel for the respondent no. 4 has submitted that whatever post retiral dues were admissible to the applicant has been paid.

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On the other hand, learned counsel for the applicant has disputed the amount paid to the applicant and has further submitted that the court has directed the respondent nos. 4 & 5 to pay the interest on the delayed payment from the date of retirement and the same has not been paid which is a willful disobedience and non compliance of the judgment and order passed by the writ Court.

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After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that the writ Court by its judgment and order dated 02.06.2022 had disposed of the writ petition (Writ A No. 3707 of 2022) with a direction to the respondent nos. 4 & 5 to make payment of post retiral dues to the petitioner within a period of six months. The relevant extracts of the judgment and order dated 02.06.2022 is quoted hereinbelow:-

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"Therefore, I hereby dispose of this writ petition finally directing the opposite party nos. 4 and 5 to make payment of post retiral dues to the petitioner within a period of six months. The petitioner may also claim interest on the delayed payment, if it is admissible under law.

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The opposite parties shall take endeavour to make payment of post retiral dues to the petitioner in installments but within a maximum period of six months as granted by this Court. If the post retiral dues are not paid in terms of this order the petitioner may further claim penal interest.

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Learned counsel for the petitioner has stated that his daughter is

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getting married on 07.07.2022.

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In the aforesaid circumstances, it is expected that in case if there is no legal impediment, the department concerned shall consider and provide some succor to the petitioner to enable him to meeting his requirement. "

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From perusal of the aforesaid judgment and order, no interest or rate of interest was directed to be paid by the writ Court. It is admitted case of the applicant that interest @ 2.5 per cent which is at lower rate of interest was paid. If there is any dispute regarding the determination of the same, the same cannot be adjudicated in the contempt proceedings. The second submission for non payment of interest on delayed payment, for that also, there is no specific or clear direction to the respondents for payment of interest. This Court had given liberty to the applicant/petitioner that he may also claim interest on the delayed payment if it is admissible under law and in case, the retiral dues are not paid in terms of the order, the applicant/petitioner may further claim penal interest, so it is for the applicant to claim which he had claimed and the interest was paid but the dispute is that the same is at the lower rate of interest. Once there is no specific direction for payment of interest on delayed payment at a particular rate in the contempt proceedings the same cannot be looked into.

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In view of the facts and circumstances as discussed above, the judgment and order passed by the writ court has been complied with, as such the present contempt petition is dismissed.

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Notice, if any, stands discharged.

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The appearance of the OfÏcer present today is exempted.

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Order Date :- 9.1.2025 Nitesh

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

Shiv Saran Tiwari v. Shri Manoj Kumar Singh, Prin. Secy. Urban Development Civil Secrtt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shiv Saran Tiwari v. Shri Manoj Kumar Singh, Prin. Secy. Urban Development Civil Secrtt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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