Dr. Subhash Chand Sharma vs Chander Shekhar Bhatt & Others

Manoj Kumar Tiwari, J

Petitioner retired from the post of Lecturer (Physics) from Dr. Karn Singh Inter College, Rehlai (Agra) in State of Uttar Pradesh. He filed Writ

Petition (S/S) 2301 of 2015 for release of his terminal benefits, including gratuity. The said writ petition was allowed by Writ Court vide order dated

19.04.2017 and the respondents were directed to release the terminal benefits to the petitioner within a period of ten weeks alongwith 12% per annum

interest.

Alleging willful violation of the said order, this Contempt Petition has been filed.

A response affidavit has been filed by Mr. Dinesh Lal Sah, Principal, District Education & Training Institute, Roorkee. Paragraph nos. 6 & 7 of the

said affidavit are reproduced below:

“6. That the petitioner vide applications dated 21-09-2017 requested the answering respondent that since his pension is covered under the old

pension scheme, hence, his pension and gratuity amount shall be payable from the State of U.P. and now he will not submit any claim for his pension

and gratuity amount before the answering respondent. The petitioner further requested the answering respondent to make the payment of leave

encashment, group insurance and GPF as early as possible. It is further submitted before the Hon’ble Court the petitioner ought to have submitted

his consent letter and relevant document for the payment of G.P.F. at the time of when the petitioner was relieved for the State of U.P. on 17-02-

2012, whereas the petitioner gave his consent letter only on 21-09-2017 and requested the deponent to transfer his deposited amount of GPF in

account no. KEDU/22298 to newly allotted G.P.F. Account no. 83. Copy of the letters dated 21-09-2017 are being annexed herewith and marked as

Annexures-2 & 3 to this affidavit.

That it is further submitted before the Hon’ble Court that on 28-09-2017 the payment of leave encashment and group insurance has been made

to the petitioner while and for the payment of G.P.F., the answering respondent vide his letter dated 19-09-2000 wrote a letter to Accountant General,

Uttarakhand, Dehradun to verify the GPF Passbook no. KEDU/22298 as early as possible so that the payment of G.P.F. would be made to the

petitioner, which is likely to take some time, therefore, the answering deponent may be granted 1 month’s time to make the payment of G.P.F. so

that the order of the Hon’ble Court may be complied with. It is further submitted before the Hon’ble Court that as regards to the payment of

interest @12%, the answering respondent vide letter dated 27-09-2017 referred the matter to the Director, Secondary Education, Uttarakhand for

necessary direction. Copy of the details of payment and documents and copy of the letter dated 27-09-2017 are being annexed herewith and marked

as Annexure-4 & 5 to this affidavit.â€​

Learned counsel for the petitioner submits that he has lost contact with his client, therefore, he is not in a position to make definite statement about

the compliance of the judgment rendered by Writ Court.

Learned Standing Counsel submits that since petitioner retired from the State of Uttar Pradesh, therefore, the liability to pay pension to the

petitioner is of the State of Uttar Pradesh. He further submits that pension papers of the petitioner were sent by the respondents to the Competent

Authority in State of Uttar Pradesh.

In such view of the matter, this Court is of the opinion that substantial compliance of the order passed by Writ Court has been made.

Accordingly, the contempt petition is closed.

Contempt notices issued to the respondents are hereby discharged.