Jagdish Narayan Katiyar v. Dr. Rajaganpathy R, Director (Admin.) Medical/Health Deptt. U.P. Lucknow and Another

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3443 of 2023 Applicant :- Jagdish Narayan Katiyar Opposite Party :- Dr. Rajaganpathy R, Director (Admin.) Medical/Health Deptt. U.P. Lucknow And Another Counsel for Applicant :- Sanjay Kumar Srivastava,Akshat Kumar Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner and Sri Mohit Jauhari, learned Standing Counsel.

¶2Sri Mohit Jauhari has filed affidavits of compliance of opposite parties no.1 & 2, the same are taken on record.

¶3In para-6 of the affidavit of compliance of opposite party no.1, it has been categorically indicated that the order of the writ court has been complied with in its letter and spirit. In the aforesaid paragraph, it has also been indicated that payment of G.P.F. has been sent to the A.G. Office, Prayagraj for payment verification by the Chief Medical Officer, Farrukhabad and the said payment of G.P.F. shall also be made to the petitioner with expedition.

¶4In the affidavit of compliance of the Chief Medical Officer, Farrukhabad (opposite party no.2), the same fact has been indicated that the entire retiral dues have been paid to the petitioner in terms of the order of the writ court except the payment of G.P.F. and the same shall be paid to the petitioner very soon.

¶5In the wake of aforesaid development, nothing remains to be adjudicated in the present contempt petition.

¶6Accordingly, the present contempt petition is dismissed.

¶7Notices are discharged.

¶8However, it is made clear that if the amount of G.P.F. is not credited in the account of the petitioner with expedition, preferably within a period of six weeks from today and if it is found that the order of the writ court has not been complied with in its letter and spirit, the petitioner would have liberty to file an application for revival of the present contempt petition indicating therein that literal compliance of the order of the writ court has not been done. In that case, if such application is filed and it is found that statement of the petitioner is correct, the contempt petition may be revived and in that case, appropriate order under the Contempt of Courts Act may be passed against the authority concerned. [Rajesh Singh Chauhan,J.] Order Date :- 19.12.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench