Sonu Kumar vs Yogesh Nim, Executive Engineer — Allahabad HC (2025) — LawSathi Research

Sonu Kumar vs Yogesh Nim, Executive Engineer — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt application disposed of and notice discharged, with the file consigned to records; the widow retains liberty to file a fresh contempt application or a recall application if arrears and regular pension are not paid within one month and in any case by 10th March, 2025, and the applicant retains liberty to file a fresh Contempt Application for compassionate appointment depending on the result of Writ - A No. 17145 of 2024.

Issue for consideration

Whether the opposite party has complied with the previous order of this Court regarding payment of the GPF, Earned Leave Encashment and Group Insurance Scheme dues of the widow of late Mathura Singh. +2 more

Ratio / Principle

No purpose would be served in keeping the present contempt application pending, as the monetary dues of the widow stand paid and credited, her pension process is underway, and the claim for compassionate appointment is subject to the pending Writ - A No. 17145 of 2024.

Key takeaways

The contempt application is disposed of, the file is to be consigned to records, and the notice issued to the opposite party is discharged.ratio¶12
In case the arrears of pension and the regular pension payable to the widow of the deceased employee are not paid within one month from the date of this order, and in any case by 10th March, 2025, the widow is at liberty to file either a fresh contempt application or a recall application for recall of the present order.ratio¶13
The applicant is also at liberty to file a fresh Contempt Application for compassionate appointment in place of the deceased, depending on the result of Writ - A No. 17145 of 2024.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Salil Kumar Rai, J.), disposing of Contempt Application (Civil) No. 7016 of 2024 (Sonu Kumar v. Yogesh Nim, Executive Engineer) on 4 February 2025 [2025:AHC:15224]: the opposite party filed a compliance affidavit showing that the GPF, Earned Leave Encashment and Group Insurance Scheme dues of the widow of late Mathura Singh had been paid and credited, pension papers had been sent to the Director, Treasury and Pension, Moradabad Division, and a P.P.O. had been issued by the Prescribed Authority for arrears and regular pension. Since Writ - A No. 17145 of 2024, filed by the other son of the deceased claiming compassionate appointment, was pending, the Court found no purpose in continuing the contempt application, disposed of it and discharged the notice, while clarifying (i) that if arrears and regular pension are not paid within one month and in any case by 10th March, 2025, the widow may file a fresh contempt application or a recall application for recall of the present order, and (ii) that the applicant may file a fresh Contempt Application for compassionate appointment depending on the result of the pending writ petition.

Neutral Citation No. - 2025:AHC:15224

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 7016 of 2024

Applicant :- Sonu Kumar Opposite Party :- Yogesh Nim, Executive Engineer Counsel for Applicant :- Dileep Kumar

Hon'ble Salil Kumar Rai,J.

In pursuance to the previous order passed by this Court, the opposite party is personally present in the Court and has filed his compliance affidavit which discloses that the amount due to the mother of the applicant, i.e., the widow of late Mathura Singh as GPF, Earned Leave Encashment and Group Insurance Scheme has been paid and credited in the account of the widow of the deceased. The affidavit also discloses that necessary papers regarding payment of pension to the widow of the deceased employee were sent to the Director, Treasury and Pension, Moradabad Division, Moradabad.

The Standing Counsel has handed over a copy of the order passed by the Prescribed Authority issuing P.P.O. for payment of arrears of pension to the widow of the deceased employee and also regular pension to the widow of the deceased employee.

It has been stated that arrears of pension as referred in the order passed by the Additional Director, Treasury and Pension, Moradabad Division shall be soon credited in the account of the widow of the deceased employee and regular pension shall also be paid to the deceased.

So far as the claim of the applicant for compassionate appointment is concerned, it has been stated in the affidavit that Writ - A No. 17145 of 2024 has been filed by the other son of the deceased

claiming compassionate appointment and in the said case, notices have been issued to the department and the writ petition is still pending. It has been pleaded that any order appointing the applicant may amount to contempt of Court in view of the pendency of Writ - A No. 17145 of 2024.

In view of the aforesaid, no purpose would be served to keep the present contempt application pending.

The contempt application is disposed of . The file of the case be consigned to records. Notice is discharged.

It is clarified that in case, the arrears of pension and the regular pension payable to the widow of the deceased employee are not paid within one month from today and in any case by 10th March, 2025, the widow of the deceased employee shall be at liberty to either file a fresh contempt application or a recall application for recall of the present order.

It is further clarified that the applicant shall also be at liberty to file a fresh Contempt Application for compassionate appointment in place of the deceased depending on the result of the Writ - A No. 17145 of 2024.

Order Date :- 4.2.2025 Vipasha

Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad