Krishna Nand Singh v. Sri Anil Chaturvedi, General Manager, Kisan Sahkari Chini Mills Ltd

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7180 of 2023 Applicant :- Krishna Nand Singh Opposite Party :- Sri Anil Chaturvedi, General Manager, Kisan Sahkari Chini Mills Ltd. Counsel for Applicant :- Ajeet Kumar Shukla Counsel for Opposite Party :- Ravindra Singh,Ravindra Singh Hon'ble Rohit Ranjan Agarwal,J.

¶1The writ Court on 09.11.2022 while disposing of Writ - A No. 18065 of 2022 passed the following order : "Heard learned counsel for the petitioner and Sri Ravindra Singh, learned counsel who appears for the respondent nos.2 to 5. This petition has been filed with the following main prayer:- "(I) issue a writ, order or direction in the nature of mandamus directing the Respondent no.4 to ensure the all withheld retiral benefits and release the Gratuity, Provident Fund, Earned Leave Encashment and Over Time Work arrear etc. also in pursuance of present Dearness Allowance, with interest in terms of the applicable Govt. order/scheme, which is pending before them for consideration from a long time, within a stipulated period as fixed by this Hon'ble Court, otherwise petitioner shall suffer an irreparable loss and injury." It is the case of the petitioner that he retired from the post of Sugarcane Clerk in the office of the respondent no.4 on 30.6.2022. He has not been paid his retiral dues as aforesaid. The petitioner has made a representation on

27.09.2022 to the respondent no.4 however, no heed has been paid to him. Hence this petition. This petition is disposed of with a direction to the Respondent No. 4 to consider the representation of the petitioner dated 27.09.2022 and pass a reasoned and speaking order thereon within a period of eight weeks from the date a copy of this order is produced before him. In case any dues are found admissible to be paid to the petitioner, the same shall be paid to the petitioner along with admissible interest within a period of eight weeks from the date of passing of the order on the representation of the petitioner as per the relevant Rules/Government Orders."

¶2From perusal of the order of writ Court, it is clear that a direction was issued to the opposite party to decide representation of the applicant and in case any dues are found to be admissible to the applicant, the same was to be paid along with admissible interest.

¶3A compliance affidavit has been filed on behalf of opposite party wherein, in para 5 it has been contended that entire post retiral dues has been paid to the applicant under the various heads amounting to Rs.12,39,674/-. A copy of the payment details to the applicant has been brought on record as Annexure CA-1 to the compliance affidavit.

¶4As the order of writ Court has been complied with by the opposite party, the contempt application has rendered infructuous and stands dismissed.

¶5Contempt notice stands discharged. Order Date :- 6.12.2023 Kushal High Court of Judicature at Allahabad