Sarvesh Kumar Verma Vs Om Prakash Verma Exe. Director U.P.Govt.Employees Welfare — Allahabad HC (2025) — LawSathi Research

Sarvesh Kumar Verma Vs Om Prakash Verma Exe. Director U.P.Govt.Employees Welfare — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt application dismissed as infructuous; liberty reserved to the applicant to avail the remedy for determination of the amount as may be permissible under the law; notice discharged.

Issue for consideration

Whether the contempt application seeking enforcement of the writ Court's direction for payment of the remaining admitted post-retiral dues has become infructuous, having regard to the payment already made and the applicant's objection to recovery of 'festive' and 'incentive' advances from the dues.

Court's answer

The present contempt application is dismissed as infructuous, with liberty to the applicant to avail the remedy for determination of the amount as may be permissible under the law.

Ratio / Principle

Any notice issued in connection with the contempt application stands discharged.

Detailed headnote1 paragraphs

CONTEMPT APPLICATION (CIVIL) No. 2262 of 2021 — High Court of Judicature at Allahabad, Lucknow Bench (Manish Kumar, J.), order dated 3.3.2025 (Neutral Citation 2025:AHC-LKO:12598). The writ Court had directed payment of the remaining admitted post-retiral dues to the applicant. Respondent-Corporation's counsel reported compliance, pointing to page 10 of the compliance affidavit (filed in CONTEMPT APPLICATION (CIVIL) No. - 766 of 2022, In re: Smt. Usha Agarwal vs. Om Prakash Verma), wherein the applicant's name appears at Srl. no. 10; that affidavit was read in the present application. Applicant's counsel conceded that, save for recovery of 'festive' and 'incentive' advance deductions allegedly not recoverable from him, the writ Court's order stood complied with, and sought dismissal of the contempt application as infructuous with liberty to pursue determination of the recoverable amount. Dismissing the application as infructuous with the liberty sought, and discharging notice, the Court also recorded that a new Executive Director of the Corporation joined on 19.02.2025, Sri Anuj Kumar Pandey continuing with the officiating charge of Finance and Accounts Officer.

Neutral Citation No. - 2025:AHC-LKO:12598

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2262 of 2021

Applicant :- Sarvesh Kumar Verma Opposite Party :- Om Prakash Verma Exe. Director U.P.Govt.Employees Welfare Counsel for Applicant :- Satendra Nath Rai Counsel for Opposite Party :- Mahendra Pratap Singh,Rahul Shukla

Hon'ble Manish Kumar,J.

Sri Anuj Kumar Pandey, Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow is present and has submitted that he is Chief Finance Officer, Vidhan Sabha and he was given the additional charge of the post of Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow in the year 2022 and subsequently he was also given the officiating charge of Executive Director, U.P. Government Employees Welfare Corporation, Lucknow but in February, 2025, the charge of Executive Director has been taken as new incumbent has joined on 19.02.2025 as Executive Director but he is still having the officiating charge of Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow.

Learned counsel for respondent has submitted that the compliance affidavit filed in CONTEMPT APPLICATION (CIVIL) No. - 766 of 2022 (In re: Smt. Usha Agarwal vs. Om Prakash Verma, Executive Director, U.P. Govt. Empolyees Welfare Corporation Lko. And Others) shall be read in the present contempt application also.

Learned counsel for the respondent-Corporation has submitted that the writ Court has directed for payment of remaining admitted post retiral dues to the petitioner in compliance thereof, the admitted post retiral dues have been paid to the applicant and the same may be seen from page 10 of the compliance affidavit, in which the name of the applicant is at Srl. no. 10.

On the other hand, learned counsel for the applicant has submitted that though the post-retiral dues have been paid but after making certain deductions (festive and incentive advance) which was taken by the applicant and which cannot be recovered from him and has further submitted that otherwise, for all practical purposes, the judgment and order passed by the writ Court has been complied with as such, the present contempt application has become infructuous and the same may be dismissed as infructuous but liberty may be given to the applicant to avail the remedy for determination of the amount, as may be

permissible under the law.

In view of above, the present contempt application is dismissed as infructuous with the aforesaid liberty.

Notice if any, stands discharged.

Order Date :- 3.3.2025 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench