This judgment closes a contempt petition wherein the court held that substantial compliance with a Writ Court order was achieved upon forwarding family pension records to the State of U.P. though the Tribunal was directed to consider it for pension grant earlier.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ON THE 22ND DAY OF NOVEMBER, 2021
BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Contempt Petition No. 205 of 2019
BETWEEN:
Champa Pant and another …Petitioners
(Mr. B.M. Pingal, Advocate)
AND:
Mr. R. Minakshi
Sunderram and others …Respondents
(J.S. Bisht, Standing Counsel for the State)
JUDGMENT
Writ Petition (S/S) No. 18 of 2010 filed by the petitioner was disposed of in terms of judgment rendered in Writ Petition (S/S) No. 894 of 2014 and respondents were directed to consider petitioner’s case for grant of family pension within a period of ten weeks.
2. It is a fact that petitioner’s husband served in U.P. Basic Education Board, who got retired from services much before state reorganization and ultimately, he passed away in the year 1982. Since petitioner was not paid family pension, therefore, she filed a writ petition, which was disposed of by Writ Court with a direction to the respondents to consider her case for grant of family pension.
2
3. State of U.P. through Secretary,
Department of Education was impleaded as respondent no.5 in the writ petition.
4. Since petitioner’s husband had retired from services several years before State reorganization, therefore, liability, if any, to pay family pension was also upon State of U.P.
5. Learned Standing Counsel has produced in Court today written instructions received by him from Director, Elementary Education. The same is taken on record.
6. Based on the said written instructions, learned Standing Counsel submits that the entire record, including computation sheets, regarding family pension payable to the petitioner have been forwarded by the Competent Authority in Uttarakhand to State of U.P. Thus, according to him, the State of U.P. shall take further necessary instructions in the matter. Since the liability to pay family pension rests upon State of U.P. in terms of provisions contained in U.P. Reorganization Act, 2000, therefore, in view of forwarding of necessary papers by Competent Authority in Uttarakhand to State of U.P., substantial compliance of the order passed by Writ Court has been made.
7. Accordingly, contempt petition is closed.
3
8. Contempt notices issued to the respondent nos. 1, 2 and 3 are hereby discharged.
9. However, petitioner shall be at liberty to approach this Court, in case of delay in release of family pension to her by State of U.P.
(MANOJ KUMAR TIWARI, J.)
Shubham
1 issue framed by the court
Whether the contempt petition should be closed given that the family pension record has been forwarded to the State of U.P.
Champa Pant and another
Mr. R. Minakshi
Sunderram and others
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
