Madhya Pradesh High Court
Sudhir Kumar Saxena vs Mrs. Gauri Singh on 13 December, 2018
1 Conc. No.795/2017
THE HIGH COURT OF MADHYA PRADESH
Conc. No.795/2017
(Sudhir Kumar Saxena vs. Mrs. Gauri Singh & Ors.)
Gwalior, Dated : 13.12.2018
Shri Raghuvir Singh, counsel for the petitioner.
The contemnor Dr. Jagat Pal Singh Singh Kushwah along
with his counsel Shri Kumar Gaurav Sharma is present in
person.
Document No.6156/2018 has been filed by way of
additional compliance report on behalf of respondent No.4.
It is submitted by the counsel for the respondent No.4 that the entire retiral dues have been paid on 10.12.2018 and the same has been credited in the account of the petitioner and the intra departmentmental correspondence is going on for payment of interest on the delayed payment and in all probabilities that will also be carried out within a reasonable period.
Shri Raghuvir Singh after seeking instructions from the petitioner has fairly conceded that all his retiral dues have been paid. However, he has also contended that the interest on the delayed payment has not been paid.
Heard the learned counsel for the parties. This Court by order dated 20.01.2017 passed in W.P. No.5330/2015 had held that the petitioner is entitled to receive the entire retiral dues. However, inspite of expiry of near about 2 years the payment has been released only when a strict view was taken by this Court in the contempt proceedings. Although, the entire retiral dues have been paid but undisputedly there is a delay in payment of the said retiral dues. It is also undisputed that the State Government functions through its functionaries and certain proposals require approval from different authorities and under these circumstances the contention has been made by the counsel for the respondent No.4 that the proposal for payment of interest on delayed payment is already under process and in all probabilities the payment of interest shall be made within a reasonable time. At present, there does 2 Conc. No.795/2017 not appear to be any reason for this Court to doubt the bonafides of the respondent No.4 with regard to the payment of interest on delayed payment which is under process.
Under the hope and belief that the petitioner would not be required to approach this Court once again for contempt of this Court due to non-payment of interest on the delayed payment, the contempt proceedings are dropped at this stage.
Accordingly, the contempt petition is dismissed. Rule Nisi is discharged.
(G.S. Ahluwalia) Judge van VANDANA VERMA 2018.12.14 10:20:57 +05'30'