Jokhan Singh vs Ranjana Rajguru

Manoj Kumar Tiwari, J

WPSS No. 3199 of 2018 filed by the petitioner was disposed of by Writ Court vide order dated 01.09.2020, in terms of judgment dated 13.02.2020

rendered in WPSB No. 88 of 2017. Operative portion of the order passed in WPSB No. 88 of 2017 is reproduced below:

“11. Suffice it, in such circumstances, to dispose of the Writ Petition directing the Board of Directors of the second respondent-Corporation to

consider the petitioners’ request for rectifying the anomalies bearing in mind its financial condition, and take an appropriate decision regarding

extending the petitioners the monetary benefits sought by them, with utmost expedition and, in any event, within three months from the date of

production of a certified copy of this order.â€​

Since the monetary benefits admissible to the petitioner were not released within the time stipulated by this Court, therefore, petitioner filed this

contempt petition.

A compliance affidavit has been filed by Ms. Ranjana Rajguru, Managing Director, Uttarakhand Seeds and Tarai Development Corporation

Limited. Alongwith compliance affidavit, an order passed by Managing Director of the Corporation on 05.01.2021 is annexed as Annexure No. C.A.-

Perusal of the said order reveals that Board of Directors of the Corporation has accepted its liability to give benefit of ex-gratia and also the arrears

of A.C.P. to the petitioner from 01.09.2008, however, in the said order, it has been observed that, due to financial constraint, at present, it would not be

possible to pay the amount due to the petitioner as ex-gratia and arrears of A.C.P.

Learned counsel for the respondent submits that, due to financial crises in the Corporation, a decision has been taken at the highest level that firstly

benefit of ex-gratia and arrears of A.C.P. would be given to the dependents of such employees, who have passed away and, according to him, there

are twenty such employees, who have passed away in recent past. He further submits that as soon as dues of such twenty employees are cleared,

then petitioner shall be paid whatever is due to him.

Since the respondent has admitted petitioner’s claim in principal and also its liability to pay the legitimate dues of the petitioner, then there is no

point in keeping this contempt petition pending in the file of this Court.

Having regard to the facts of the case, the contempt petition is disposed of with a direction to Managing Director, Uttarakhand Seeds and Tarai

Development Corporation Limited to release the amount due to the petitioner as early as possible; but, not later than one year from today.

Contempt notice issued to the respondent is hereby discharged.