Allahabad High Court
Mahesh Chandra Sharma vs Ashok Kumar Srivastava Executive ... on 4 March, 2020
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 133 of 2020 Applicant :- Mahesh Chandra Sharma Opposite Party :- Ashok Kumar Srivastava Executive Director Govt.Emp.Welfare C Counsel for Applicant :- Satendra Nath Rai Hon'ble Abdul Moin,J.
Heard.
Compliance affidavit filed today in Court be kept on record.
The present contempt petition has been filed alleging non compliance of the interim order of the writ Court dated 17.10.2019, a copy of which is annexure 1 to the contempt petition. By the said order, the writ Court had directed that till the next date of listing, no recovery shall be made against the applicant in pursuance to the impugned order and the admitted dues shall be paid to the applicant.
In the compliance affidavit filed on behalf of respondent-Contemnor it has been indicated in paragraph 5 that an amount of Rs. 8,99,929/- is due to the applicant which would be paid to the applicant in four quarterly installments i.e January, April, July and October, 2020.
Learned counsel for the applicant contends that even the arrears of salary for twenty months is due to the applicant which has not been paid to the applicant.
Having heard the learned counsel appearing for the contesting parties and having perused the interim order of the writ Court dated 17.10.2019 and the averments contained n the compliance affidavit it emerges that the interim order of the writ Court was for payment of the admitted dues to the applicant. The respondents have indicated that an amount of Rs. 8,99,929/- is due to the applicant which would be paid to him in four quarterly installments. In case, the salary has not been paid, consequently it cannot be said that the respondent runs in contempt of the interim order of the writ Court inasmuch as once the categoric order was for payment of the admitted dues but the salary has not been paid, as such the respondent having only paid the admitted dues, as above, but not the salary, it cannot be said that the respondent runs in contempt to the order passed by the writ Court. Also, as the writ petition is pending it would always be open for the applicant to file an appropriate application in the pending petition for any of his grievances.
Accordingly, taking into consideration the compliance affidavit filed by the respondent-Contemnor, the contempt petition is dismissed and notices are discharged.
Order Date :- 4.3.2020 Pachhere/-