Datt Ram Joshi vs Ashok Kumar Verma & Another

Manoj Kumar Tiwari, J

WPSS No. 1898 of 2020 filed by the petitioner was disposed of in terms of the judgment rendered in Special Appeal No. 78 of 2016. Operative

portion of the judgment rendered in SPA No. 78 of 2016 is extracted below:-

“Accordingly, there shall be a direction to respondent no. 11 to ensure that the respondent nos. 1 to 10 and similarly situated person retired from

Municipal Corporations, Municipal Councils and Nagar Panchayats throughout the State of Uttarakhand are released their pensionary/ retiral benefits

within a period of four weeks from today. The retiral/pensionary benefits shall also carry the interest at the rate of 9% per annum. It is further made

clear that in case the arrears of retiral/pensionary benefits are not paid, within the stipulated period, as directed hereinabove, the due amount shall

carry the interest at the rate of 18% till the date of its payment.â€​

In this contempt petition, learned counsel for the petitioner contends that order passed by Writ Court has not been complied with.

A response affidavit has been filed by Mr. Ashok Kumar Verma, Executive Officer, Nagar Palika Parishad, Nainital. It has been stated in the said

affidavit that arrears of pension amounting to Rs.1,30,000/- and unpaid gratuity amounting to Rs.1,02,793/- has been paid to the petitioner.

Learned counsel for the petitioner submits that no interest has been paid to the petitioner on the delayed payment of retiral dues. To this, Mr. Ajay

Singh Bisht, learned counsel for the opposite party no. 1 submits that in view of the precarious financial condition of Nagar Palika Parishad Nainital, at

preent it is not possible to pay interest to the petitioner, however, he assures the Court that that component of interest shall be paid to the petitioner on

or before 1.04.2022.

In view of the assurance given by learned counsel for Nagar Palika Parishad, Nainital, contempt petition is closed. Notices issued to the opposite

parties are hereby discharged.