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Judgment
13 paragraphs · 369 wordsManoj K. Tiwari, J
WPSS No. 470 of 2020, filed by the petitioner, was disposed of in terms of judgment rendered in WPSS No. 441 of 2020. In WPSS No. 441 of 2020, the writ petition was disposed of with a direction to the Competent Authority to make payment of Gratuity and arrears of pension to the petitioner within two months.
In the contempt petition, it was alleged that despite order passed by Writ Court, retiral dues have not been released to the petitioner.
Notice was issued to the opposite party in this contempt petition. Pursuant to the notice, Executive Officer, Nagar Palika Parishad, Nainital appeared before this Court on 23.09.2021. The order passed by this Court on 23.09.2021 is reproduced below:-
"Mr. A.D. Tripathi, Advocate for the petitioner.
Mr. Bhupendra Bisht, Advocate for the respondent.
Heard learned counsel for the parties.
In sequel to the order dated 07.09.2021, Executive Officer (respondent) is present in Court today. He made a statement that in terms of order passed by Writ Court, a sum of Rs.3,00,000/- was paid to the petitioner in the month of January, 2021 and thereafter, a sum of Rs. 2,09,741/- has also been credited into the bank account of the petitioner, on 22.09.2021. He assures the Court that out of the remaining amount, a sum of Rs.3,00,000/- would be credited into the bank account of the petitioner within next 15 days.
On the assurance given by the Executive Officer (respondent), list this petition on 20.10.2021.
Personal presence of respondent is dispensed with."
Thereafter on 20.10.2021, learned counsel appearing for the opposite party made a statement that further sum of Rs. 3.00 lakh has been released in favour of the petitioner on 11.10.2021.
Today, Mr. B.S. Bisht, learned counsel appearing for the opposite party submits that remaining retiral dues of the petitioner, amounting to about `4.00 lakh shall positively be released to the petitioner within four weeks.
In view of the assurance given on behalf of opposite party, the Contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, petitioner shall be at liberty to seek recall of this order, if timeline given in assurance is not met.