Narayan Ram vs Suresh Baini & Another

Manoj Kumar Tiwari, J

This contempt petition has been filed alleging wilful disobedience of the order dated 12.03.2018 passed in WPSS No. 1612 of 2012. Operative portion of the said judgment is extracted below:-

"The Treasury is directed to release the remaining retrial/pensionary amount with interest 6% p.a. to the petitioner within a period of ten weeks from today.

Accordingly, the writ petition stand disposed of.

Pending application, if any, stands vacated."

A compliance affidavit has been filed by Mr. Suresh Prakash Baini, District Panchayat Raj Officer, Champawat. Para 6 & 7 of the compliance affidavit are reproduced below:-

That in reply to the contents of para no. 4 of the contempt petition, it is stated that the 90% GPF amount had already been given to the petitioner within time, however, the remaining 10% GPF amount could only be granted to the petitioner on 22.12.2012. Vide order dated 12.03.2018 the Hon'ble Court pleased to direct the Treasury to release the remaining retiral/pensionary amount within interest @ 6% per annum to the petitioner within a period of 10 weeks. It is submitted that all the retiral benefits had already been paid to the petitioner and not only this the 10% remaining amount was also paid to the petitioner on 22.12.2012 i.e. after some delay, therefore, for delayed payment of the 10% gratuity amount the department assessed the rate of interest as Rs. 5,916/- and that too has been paid to the petitioner on 24.309.2018.

That the reply to the contents of para no. 5 of the contempt petition, it is stated that the copy of order dated 12.3.2018 was received in the office of deponent on 4.11.2019, however, he had already paid the 10% GPF amount in the year 2012. However, the amount of 6% interest was given to him on 24.9.2018 i.e. before filing of the instant Contempt Petition, therefore, it can be inferred that the petitioner has not approached this Hon'ble Court with clean hands. True/correct typed version/copy of the documents showing the payment of 10% GPF amount and the interest to the petitioner are being filed herewith and marked as Annexure No.1 (colly.) to this affidavit.

The averments made in para 6 & 7 of the compliance affidavit is not disputed in the rejoinder affidavit, however, what the petitioner submits is that there are certain other dues which have not been paid to the petitioner.

Since there was no direction to release other dues payable to the petitioner and the only direction was to pay the retiral dues along with interest, and as per the compliance affidavit, the said amount has been cleared with interest, therefore, this is not a case of wilful disobedience of the order passed by writ court.

Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged.