Shamwati Devi vs Aditya Mishra, D.I.G. And Another

Heard counsel for the parties.

The following order was passed on 10.12.2007.

"The following order was passed on 16.11.2009.

''Heard learned counsel for the parties.

The applicant had preferred Writ Petition No. 59868 of 2008 with regard to retiral dues of her late husband who was working as a Head Constable in the Civil Police. Since she had already moved an application before the opposite party no. 1, the petition was finally disposed off asking him to take a reasoned decision within three weeks. Since the order was not complied, she was forced to file the present contempt petition.

Upon issuance of notice, both the opposite parties have filed their replies annexing therewith an order dated 6.8.2009 passed by the opposite party no. 1 wherein it is stated that the pension papers have been finalized and sent to the Police Headquarter through letter dated 21.12.2004. However, even in the affidavit of the opposite party no. 2 there is no averment why the said papers have not been finalzied by the Police Headquarter.

Let the pension matter of the applicant be finalized before the next date or whoever is working as the Secretary and the Finance Controller in the office of Police Headquarter, U.P., Allahabad shall appear in person.

Let a copy of this order be given to Shri K.R. Singh, learned Standing counsel within 48 hours.

List on 10.12.2009."

In pursuance thereof, an alleged affidavit of compliance sworn by the Finance Controller, U.P. Police Headquarter, Allahabad has been filed stating that the gratuity payment order was issued on 3.12.2009. However, with regard to family pension and other matters, no compliance has been made and the matter has been referred to the Superintendent of Police, Bareilly.

Apparently, there is no compliance of the aforesaid order but neither the Finance Controller nor Secretary has appeared.

A last chance is given for complete compliance before the next date or the Secretary (Home) shall appear in person.

Let a copy of this order be given to Sri D.P. Mishra, learned Standing Counsel within twenty four hours.

List on 22.12.2009."

In pursuance thereof, the Finance Controller, U.P. Police, Headquarters has filed affidavit of compliance stating that the remaining amount of gratuity Rs.1,37,735/ and initial family pension amounting to Rs.3,594/ have been paid through cheque on 17.12.2009. It is also stated that a Pension Payment Order dated 34.12.2009 has also been issued and the applicant may contact the Treasury Officer and complete the formalities, whereafter it will be released.

Let a reply, if any, be filed by the next date.

List in the week commencing 8.2.2010 for further orders.

The personal presence of the opposite party is dispensed with.