Ram Gopal Singh Vs Sri Manoj Singh, Prin./Addl. Chief Secy. Environment Forest/Climate Change Deptt.Lko.and Others — Allahabad HC (2025) — LawSathi Research

Ram Gopal Singh Vs Sri Manoj Singh, Prin./Addl. Chief Secy. Environment Forest/Climate Change Deptt.Lko.and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt application dismissed as infructuous upon recorded compliance with the writ court's judgment and order; the refund-in-one-go condition treated as modified so that the applicant refunds in the same period during which he had got the pensionary dues; notice, if any, against the respondent discharged.

Issue for consideration

Whether the respondents have complied with the judgment and order of the writ court requiring payment of pensionary benefits to the applicant by counting his services as daily wager from July, 1983 till the date of his retirement. +1 more

Court's answer

The writ petition has become infructuous in view of the compliance recorded with the judgment and order of the writ court, and is accordingly dismissed.

Ratio / Principle

The condition requiring the applicant to give an affidavit undertaking to return the money in one go in case the decision in the special appeal goes in favour of the department is harsh; the Court accepted the officer's fair submission and the order may be treated as modified.

Key takeaways

As modified, the applicant shall refund the money in the same period during which he had got the pensionary dues (rather than in one go).ratio¶11
Notice, if any, issued against the respondent is hereby discharged.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Manish Kumar, J.) | CONTEMPT APPLICATION (CIVIL) No. 463 of 2024 | Ram Gopal Singh v. Sri Manoj Singh, Prin./Addl. Chief Secy., Environment Forest/Climate Change Deptt., Lko. and others | Order Date 17.2.2025 | Neutral Citation No. 2025:AHC-LKO:10218. Compliance with the writ court's judgment and order on the applicant's pensionary benefits was recorded: services of the applicant as daily wager were added from July, 1983 till the date of his retirement by order dated 14.02.2025, subject to the decision in Special Appeal Defective No.323 of 2023 and to the applicant filing an affidavit undertaking to return the amount in one go if any decision is passed in favour of the department; documents were forwarded the same day to the Additional Director, Treasury and Pension. The Divisional Forest Officer, Rae Barelli (Respondent No.4) fairly submitted that the refund-in-one-go condition was neither intentional nor willful but harsh; the Court appreciated the officer and the order was treated as modified, the applicant to refund in the same period during which he had got the pensionary dues. The writ petition having become infructuous, the contempt application was dismissed and notice, if any, against the respondent was discharged.

Neutral Citation No. - 2025:AHC-LKO:10218

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 463 of 2024

Applicant :- Ram Gopal Singh Opposite Party :- Sri Manoj Singh, Prin./Addl. Chief Secy. Environment Forest/Climate Change Deptt.Lko.And Others Counsel for Applicant :- Mohd. Ali,Ankit Mishra,Perwaiz Wahab Khan

Hon'ble Manish Kumar,J.

Sri Ashutosh Jaiswal, Divisional Forest Officer, District Rae Barelliie i.e. Respondent No.4 is present and filed compliance affidavit, which is taken on record.

Learned Standing counsel on the basis of the instructions received has submitted that in compliance of judgement and order passed by the writ Court services of the applicant as daily wager has been added since July, 1983 till the date of his retirement for the purposes of payment of pensionary benefits admissible to the applicant by order dated 14.02.2025 with a condition that the said payment is subject to the decision in the Special Appeal Defective No.323 of 2023 and with a further direction that the applicant has to file an affidavit that in case any decision is passed in favour of the department in the special appeal the applicant shall return the amount in one go.

It is further submitted that on the very same date the documents have been forwarded to the Additional Director, Treasury and Pension for the purposes of payment to the applicant, hence the judgement and order passed by the writ court has been complied with by the respondent.

On the other hand learned counsel for the applicant has submitted that for all other purposes the judgement and order passed by the writ court has been complied with but the condition directing the applicant to give an affidavit to return the money in one go in case any order is passed in favour of the department in the special appeal is harsh as it is not possible for the applicant to return the amount in one go as he was simply working as Chaukidar , so by putting this condition the intention of the respondent is that the benefit of judgement and order passed by the writ court may not be available to the applicant.

Shri Ashutosh Jaiswal, Divisional Forest Forest Officer, District

Rae Barelli, who is present before the Court has very fairly submitted that the said condition put in the order is neither intentional nor willful but he has accepted that such a condition is harsh, so it may be read that the applicant shall refund the money in the same period during which he had got the pensionary dues and he further submits that the order may be treated to be modified.

The court appreciate the officer to understand the difficulty of the applicant and very fairly submitted that his order may be treated as modified as mentioned above.

In view of above, the writ petition has become infructuous and is accordingly dismissed.

Notice, if any, issued against the respondent is hereby discharged.

Order Date :- 17.2.2025 S. Kumar

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