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Judgment
16 paragraphs · 299 wordsManoj Kumar Tiwari, J
Petitioner filed WPSS No. 1595 of 2020 for release of his retiral dues. The said writ petition was disposed vide order dated 03.12.2020 with a
direction to the respondents to make payment to the petitioner regarding retiral dues within six months from the date of production of certified copy of
the order.
In this contempt petition, petitioner has alleged that despite service of the order dated 3.12.2020 upon opposite parties, retiral dues have not been
released in favour of the petitioner.
Today, Mr. D.K. Tyagi, learned counsel for the petitioner submits that a counter affidavit filed by opposite party no. 2 has been served upon him. In
the said counter affidavit, it has been stated that a sum of ₹4,99,000/- has been released in favour of the petitioner, as retiral dues. He, however,
submits that in fact petitioner was entitled to receive a sum of ₹7,67,340, therefore, the amount paid to the petitioner, as retiral dues, is too meagre.
Mr. Ashish Joshi, learned counsel appearing for opposite party No. 2, however, submits that excess amount to the tune of ₹2,66,339/- was paid to
the petitioner as Assured Career Progression, therefore, the said excess amount has been deducted from the retiral dues, which was paid to the
petitioner.
Since the only direction issued to the opposite parties was to make payment of the retiral dues to the petitioner and such payment has been made to
him, therefore, in the humble opinion of this Court, this is not a case of wilful disobedience of the order of this Court.
Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioner shall be at liberty to
approach the appropriate forum for redressal of his grievance, if any.