Kumkum Rani Srivastava Vs Rajesh Kumar Chaudhary, the Chief Accounts Officer, U.P. Jal Nigam Lko. — Allahabad HC (2025) — LawSathi Research

Kumkum Rani Srivastava Vs Rajesh Kumar Chaudhary, the Chief Accounts Officer, U.P. Jal Nigam Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 6.2.2025 passed in compliance of the writ court's judgment and order dated 13.12.2023 is in consonance with that judgment, particularly as regards payment of interest on the delayed post-retiral dues of the applicant

Court's answer

After hearing learned counsel for the parties and going through the compliance affidavit, the Court held that the order passed by the writ court has been complied with and, for all practical purposes, the present contempt petition has become infructuous and is liable to be dismissed as infructuous

Ratio / Principle

The present contempt application is dismissed as infructuous

Key takeaways

Notice issued earlier, if any, stand dischargedobiter¶16
The applicant is at liberty to challenge his grievance, as may be permissible under the lawobiter¶17

Detailed headnote1 paragraphs

Contempt Application (Civil) alleging non-compliance of the writ court's judgment and order dated 13.12.2023 in Writ-A No.9337 of 2023, whereby respondent no.3/The Chief Accounts Officer, U.P. Jal Nigam (Urban), Lucknow was directed to calculate and pay the applicant's post-retiral dues within two months and to decide interest on the delayed amount as per the rules and orders. A compliance affidavit was filed enclosing an order dated 6.2.2025 passed on the applicant's representation. The applicant contended that no interest had been paid on the delayed dues; the respondent, through counsel, pointed out that as per the compliance order there is neither any rule nor any order providing for interest on delayed payment of leave encashment and other post-retiral dues except gratuity under the Gratuity Act, which had been paid. Holding that the writ court's order stood complied with and the contempt petition had become infructuous, the Court dismissed the contempt application as infructuous, discharged any earlier notice, and left the applicant at liberty to pursue any grievance as permissible under law.

Neutral Citation No. - 2025:AHC-LKO:9427

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4782 of 2024

Applicant :- Kumkum Rani Srivastava Opposite Party :- Rajesh Kumar Chaudhary, The Chief Accounts Officer, U.P. Jal Nigam Lko.

Counsel for Applicant :- Savita Jain

Hon'ble Manish Kumar,J.

Heard.

The present contempt application has been preferred for alleged non-compliance of the judgement and order dated 13.12.2023 passed in Writ-A No.9337 of 2023, the relevant extract is quoted hereinbelow:

"4. In view of the above, the writ petition is disposed of with the directions to the respondent no.3/The Chief Accounts Officer, U.P. Jal Nigam (Urban), Lucknow to calculate/determine the post retiral dues payable to the petitioner and pay the admissible dues subject to the fulfillment of the required formalities by the petitioner as per law positively within a period of two months and while doing so they shall also take a decision as regards the interest payable on the delayed amount as per provisions in the rules and orders in this regard from the date it became due and till date it is actually paid. "

Compliance affidavit filed by the respondent is taken on record, enclosing therein the copy of the order dated 6.2.2025 passed on the representation of the applicant in compliance of the judgement and order passed by the writ court.

Learned counsel for the applicant has submitted that the order dated 6.2.2025 is not in consonance with the judgement and order dated 13.12.2023 passed by the writ court as no interest has been paid to the applicant on account of delayed payment of his dues.

On the contrary learned counsel for the respondent has submitted that as far as the interest part on the delayed payment of the amount is concerned, the writ court has observed that the same may be considered as per the provisions in the rules and orders in this regard and it has specifically been mentioned in the order dated 6.2.2025 that there is neither any rule nor any order for payment of interest on delayed payment of the leave encashment amount and other post retiral dues except the gratuity as per Gratuity Act, which has been paid to the

applicant.

After hearing learned counsel for the parties and going through the compliance affidavit, the order passed by the writ court has been complied with and for all practical purposes, the present contempt petition has become infructuous and is liable to be dismissed as infructuous.

As such, the present contempt application is dismissed as infructuous.

Notice issued earlier, if any, stand discharged.

The applicant is at liberty to challenge if he has any grievance, as may be permissible under the law.

Order Date :- 13.2.2025 S. Kumar

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