Bina Pande v. Pramod Kumar Srivastava

Office Notes, reports, orders or proceedings SL. Date or directions and COURT'S OR JUDGES'S ORDERS Registrar's order with Signatures

22.08.2023 CLCON No 238 of 2023 Hon'ble Sharad Kumar Sharma, J. Ms. Bina Pande, petitioner in-person. Mr. I.D. Paliwal, Standing Counsel, for the State of U.P.

This contempt petition was preferred by the petitioner, who appears in-person, for seeking compliance of the judgment dated

21.03.2023, as it was rendered by the Division Bench of this Court in Writ Petition (S/B) No. 634 of 2022, by virtue of which the Court has directed that whatever fee was payable to the petitioner who was initially appearing as a counsel for the State of Uttar Pradesh, as remitted by the respondent to the tune of Rs. 13,85,600/- would be inclusive of the interest payable @ 8% due from the date when the same became due till payment. When the same was not complied with, the present Contempt Petition was filed and was taken up yesterday. This Court took cognizance on it and called upon the learned counsel for the State of U.P. to ensure payment of 8% interest to the petitioner as directed by the aforesaid judgment of the Division Bench, failing which the respondent would appear in-person. Today, when the contempt petition was taken up, the learned counsel, appearing for the State of Uttar Pradesh, has presented before this Court an Office Memorandum No. जी-292 / सात-्ाय-8 (लेखा) / 2023 / 01 एच0सी0-2022 dated

21.08.2023, wherein His Highness the Governor of State of Uttar Pradesh has already granted an approval for payment of interest to the petitioner, as per the provisions contained under the Financial Handbook and the amount as assessed to be paid towards the interest, has been calculated to be Rs. 4,91,187/-. The relevant observations made in the said communication dated 21.08.203 is extracted hereunder:- "3-मा0 उ司 ्ायालय, उ?राखਔ के उ् आदेश िदनांक

21.8.2023 के ्ቅ म मे ्ቦ ीमती बीना पाਔेय, पूव१ ?ायी अिधव्ा के कालातीत फीस िबल को 8 ्ቚ ितशत वािष१क ्ाज की दर से माह िदस?र 2009 से अ्ቚ ैल 2010 तक की अविध का आगिणत ्ाज ॺ0 77225.23. जनवरी 2016 से िदस?र 2016 तक की अविध का आगिणत ्ाज ॺ0 17976933 जनवरी 2017 से िदस?र 2017 तक की अविध का आगिणत ्ाज ॺ0 234192.00, िजसका शु? देय ्ाज धनरािश ॺ0 491187-00 (चार लाख इकानवे हजार एक सौ सतासी ॺ० मा्ቔ ) का भुगतान िकये जाने हेतु िव?ीय ह्पुप्का के खਔ-5 भाग-1 के िनयम-74 के अनुसार पूव१-स?री्ण के ्ቚ ्ाव के अनुमोदन के उपरान ्ቦ ी राजपाल महोदय उ् देयकों के भुगतान िकये जाने की सहष१ ?ीकृित ्ቚ दान करत े है।" However, the petitioner records her dissatisfaction about the amount of interest calculated on the amount due to be paid to her. The said subject would not be within the scope of contempt petition. She would be open to put a challenge to the order of remittance of the interest amount, if she is not satisfied with the same by invoking an appropriate proceeding. However, in pursuance to the observations made in para 3 of the office communication dated 21.08.2023, the Principal Secretary to the Government of Uttar Pradesh, has made the payment within 48 hours from today, as depicted in para 3 of the said communication. Subject to the aforesaid, the contempt petition stands closed.

(Sharad Kumar Sharma, J.)

22.08.2023 Mahinder/