Neutral Citation No. - 2025:AHC-LKO:12887 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 573 of 2025 Applicant :- Ram Khelavan Shukla Opposite Party :- Sri. K. Ravindra Nayak, Managing Director Pradeshik Co-Operative Dairy Fed. Ltd. Lko. And Another Counsel for Applicant :- Pradeep Kumar Tripathi Hon'ble Manish Kumar,J. 1. The present contempt application has been preferred for alleged non-compliance of the judgment and order dated 24.10.2024 passed by the writ court in Writ A No. 9864 of 2024. The relevant extract of the said judgment is quoted hereinbelow:- "2. Petition has been filed seeking a direction to opposite parties for payment of interest on delayed payment of leave encashment with effect from the date of superannuation till date of actual payment,. 3. Learned counsel for petitioners have placed reliance on judgment rendered by Co-ordinate Bench of this Court in the case of Ata Husain Rizvi versus State of U.P. and others, Writ-A No. 7243 of 2023. It is submitted that the aforesaid judgment has thereafter been affirmed in Special Appeal as well as by Hon'ble Supreme Court. 4. Considering aforesaid facts and circumstances, liberty are granted to petitioners to file a fresh individual representations before opposite party no.2 and 3 collectively who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority. In the light of judgment rendered in the case of Ata Husain Rizvi (supra) in case the same is applicable. In case petitioners are found entitled for the aforesaid reliefs, actual payment thereof shall be ensured within a period of eight weeks thereafter. 5. With aforesaid directions, petition stands disposed of. " 2. Learned counsel for the applicant has submitted that after the service of the judgment and order dated 24.10.2024 by representation dated 05.11.2024, an order has been passed on 13.12.2024 and in the said order, in the chart, the name of the applicant finds place at serial no. 9. It has been mentioned that the interest on leave encashment has already been paid to the applicant on 13.09.2024. 3. It is further submitted that in the column where this thing is noted, there is a reference of an earlier writ petition and its order has been mentioned not the present judgment and order dated 24.10.2024 passed in Writ A No. 9864 of 2024. He further submitted that the interest has yet not been paid till date. 4. After hearing learned counsel for the applicant, and going through the records of the case, it is found that in the earlier Writ A No. 1097 of 2024 preferred by the applicant, there was a prayer for payment of interest. The said writ petition was disposed of vide judgment and order dated 15.02.2024. The relevant extract of the said judgment is quoted hereinbelow:- "Petition has been filed seeking a direction to the opposite parties to pay difference of leave encashment to petitioner along with interest from the due date till actual date of payment in compliance of order dated 13th December, 2022 whereby opposite parties have admitted petitioner's dues. Further prayer for considering petitioner's claim in the light of order dated 19th September, 2023 passed in Writ A No. 6859 of 2023 has also been sought. For the aforesaid grievance, the petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No. 2 i.e. Managing Director, Pradeshik Co-operative Dairy Federation Limited, Lucknow. In case such a representation is filed, the same shall be decided within period of six weeks from the date a certified copy of this order is produced before the said authority, in the light of order passed in Writ A No. 6859 of 2023 in case same is applicable. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of three months thereafter. Opposite parties shall also consider grant of interest to petitioner." 5. In case, the interest has already been paid in compliance of the judgment and order dated 15.10.2024, then there is no occasion for the respondent to pay the interest again in compliance of the judgment and order dated 24.10.2024. The contempt court cannot look into such a dispute as the directions of the writ court is shown to be complied with and the applicant is also admitting that he had received Rs. 77,727/-, so under these circumstances, the present contempt application is not maintainable, hence dismissed. Order Date :- 4.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench