Allahabad High Court
Abdul Rauf vs Pramod Kumar Upadhaya M.D. Up Coop. ... on 1 August, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 1544 of 2018 Applicant :- Abdul Rauf Opposite Party :- Pramod Kumar Upadhaya M.D. Up Coop. Federation Ltd. & Anr. Counsel for Applicant :- Apoorva Tewari Counsel for Opposite Party :- Sirish Kumar Hon'ble Dinesh Kumar Singh,J.
This Court vide judgement and order dated 18.12.2017 passed in Writ Petition No.2954 (SS) of 2009, allowed the writ petition and directed as under :-
"This Court having regard to the facts and circumstances of the case, is of the considered opinion that the impugned order being illegal and arbitrary calls for the issuance of a writ of certiorari and accordingly the order contained in Annexure-1 issued on 4.2.2009 is hereby quashed with all consequences. The petitioner would be entitled to 50% salary from the date of dismissal from service up to the date of retirement. The pensionery benefits admissible to the petitioner shall, however, remain unaffected and he shall be treated as if he was in service up to the date of attaining the age of superannuation. The consequential benefits shall be paid not later than a period of three months from the date of service of a certified copy of this judgement.
The writ petition is allowed with no order as to cost."
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Narendra Singh, Deputy General Manager (Fertilizers), U.P. Cooperative Federation Limited, Lucknow has been filed. Along with the aforesaid affidavit, a copy of the decision dated 21.7.2018 has been placed on record as Annexure No.A-1 to the affidavit. From perusal of the aforesaid order, it is evident that the petitioner has been paid 50% of the back wages of the post from where he was dismissed from service. Post retiral dues have also been paid to the petitioner.
In view of the aforesaid decision dated 21.7.2018, nothing survives in the present contempt petition, which is hereby dismissed as having become infructuous.
However, if the petitioner feels that he is entitled for some more relief in pursuance of the judgement and order passed by this Court, it is open to him to agitate the issue, which has remained unresolved.
Contempt notice stands discharged.
Order Date :- 1.8.2019 Rao/-