Mishri Lal v. Shri Tanveer Ahmad Jafri, Secretary and Another

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1579 of 2021 Applicant :- Mishri Lal Opposite Party :- Shri Tanveer Ahmad Jafri, Secretary And Another Counsel for Applicant :- Pramod K. Gupta Counsel for Opposite Party :- Mukesh Kumar Kushwaha Hon'ble Rohit Ranjan Agarwal,J.

¶1The writ Court on 05.08.2020 while disposing of Writ - A No.5463 of 2020 passed the following order : "The petitioner claims that he was appointed as Lohar in PWD, U.P. Later on, his services were transferred to U.P. State Bridge Corporation Limited. He was regularized on 1.4.1989. Later he was sent back to PWD, U.P. and retired on 31.8.2016. His grievance is that he has not been paid gratuity when he was working as Muster Roll Employee, i.e. from 1.3.1973 to 31.3.1989. It is submitted that the representation made by the petitioner in this regard dated 16.5.2019 be directed to be decided by the respondents within a specified time frame. Learned counsel for the respondent Sri M.K. Kushwaha points out that respondent no. 4 is competent to take decision on the said issue. Accordingly, the instant petition is disposed of with direction to respondent no. 4 to pass a speaking order on the representation of the petitioner dated

16.5.2019 within a period of twelve weeks from the date of receipt of a true attested copy of this order. In case any amount is found due and payable to the petitioner, the same shall be paid to the petitioner within eight weeks from the date of passing of such order, failing which, the petitioner would be entitled to interest @ 8% per annum."

¶2Today, Sri Nagesh Kumar, Advocate, has appeared for U.P. Bridge Corporation. He has placed before the Court the instructions so received by him, which is taken on record.

¶3According to the said instructions, the representation of the applicant, as directed by the writ Court, has been decided on

01.03.2021.

¶4In view of the said fact, as the order of the writ Court has been complied with, the contempt application has rendered infructuous and stands dismissed leaving it open to the applicant to challenge the order passed by opposite party before the appropriate forum, if so advised. Order Date :- 28.11.2023 Kushal High Court of Judicature at Allahabad