Allahabad High Court
Smt. Usha Devi vs Arvind Kumar Prin.Secy.Home (Police) ... on 27 February, 2020
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- CONTEMPT No. - 678 of 2018 Applicant :- Smt. Usha Devi Opposite Party :- Arvind Kumar Prin.Secy.Home (Police) Deptt.Lko.And Ors. Counsel for Applicant :- Pawan Kumar Trivedi Hon'ble Abdul Moin,J.
Heard.
Present contempt petition has been filed alleging non-compliance of the judgment and order dated 19.05.2017 passed by the writ Court, a copy of which is Annexure-1 to the contempt petition, whereby the writ Court while allowing the writ petition had remitted the matter to the authority concerned for reconsidering the matter of the petitioner which pertained to grant of extraordinary pension and for passing a speaking and reasoned order within a specified time. When the compliance of the said order was not made, present contempt petition has been filed.
Learned Standing Counsel submits that a compliance affidavit has already been filed by the respondents/contemnors wherein order dated 09.04.2018, a copy of which is Annexure-1 to the affidavit of compliance, has already been passed wherein the petitioner has not been held entitled for grant of extraordinary pension. It is contended that once the aforesaid order has been passed in pursuance to the order passed by the writ Court and the petitioner not being held entitled for the same, it cannot be said that the respondents run in contempt of the order passed by the writ Court.
On the other hand, learned counsel for the petitioner contends that once there was a specific order directing the respondents to grant extraordinary pension consequently non-granting the same amounts to contempt of the order passed by the writ Court.
Having heard learned counsel for the parties and having perused the records, what emerges is that the writ Court through the aforesaid order dated 19.05.2017 had required the authority concerned to reconsider the matter of the petitioner and pass a reasoned order. Admittedly, in pursuance thereof, the authority concerned has already passed an order dated 09.04.2018 per which the claim of the petitioner for grant of extraordinary pension has been rejected.
As the order passed by the writ Court has been complied with, it cannot be said that the respondents run in contempt of the order passed by the writ Court.
Accordingly, the contempt petition is dismissed . The notices are discharged.
However, the petitioner would be at liberty to challenge the order dated 09.04.2019 before appropriate Court in appropriate proceedings in case she is so aggrieved.
Order Date :- 27.2.2020 A. Katiyar