Pooran Singh Mehra vs Abhya Saxena

Manoj Kumar Tiwari, J

WPSB No. 598 of 2018, filed by the petitioner for release of retiral dues was disposed by Division Bench of this Court vide order dated 17.12.2019.

By the said order, respondents were directed to pay retiral dues, to which petitioner is entitled in accordance with law, within three months.

Since the retiral dues were not paid to the petitioner within the time stipulated in the order, therefore, petitioner filed this contempt petition.

A compliance affidavit has been filed by Mr. Abhay Saxena, Managing Director, Uttarakhand Seeds and Tarai Development Corporation Ltd.,

Pantnagar, P.O. Haldi, District Udham Singh Nagar. In para 4 of the said compliance affidavit, it has been stated that all terminal benefits, to which

petitioner was entitled, have been paid to him.

Learned counsel for the petitioner also admits that other terminal benefits have been released to the petitioner, however, he submits that benefit of

Assured Career Progression (ACP) has not been given to him in terms of Government Policy, which is applicable to the employees of the

Corporation.

Since there was no specific direction for grant of ACP to the petitioner and also in view of the fact that respondents have now passed order on

21.05.2021, wherein denying benefit of ACP to the petitioner on the ground that he was put under suspension for two months in the year 1988, this

Court thinks that order passed by writ court has been substantially complied with.

As regards denial of benefit of ACP, petitioner shall be at liberty to approach the appropriate forum for challenging the order dated 21.05.2021.

In such view of the matter, the contempt petition is closed. Notice issued to the opposite party is hereby discharged.