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2025 DAILYLAW 128379 (ALL)

SMT. USHA AGARWAL v. OM PRAKASH VERMA, EXECUTIVE DIRECTOR, U.P. GOVT. EMPOLYEES WELFARE CORPORATION LKO. AND OTHERS

CAPL/766/2022 · 2025-03-03

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12598 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 766 of 2022 Applicant :- Smt. Usha Agarwal Opposite Party :- Om Prakash Verma, Executive Director, U.P. Govt. Empolyees Welfare Corporation Lko. And Others Counsel for Applicant :- Satendra Nath Rai Counsel for Opposite Party :- Mahendra Pratap Singh,Rahul Shukla Hon'ble Manish Kumar,J. 1. The respondent no. 4 i.e Shri Anuj Kumar Pandey, Executive Director/Finance and Accounts Officer, U.P Government Employees Welfare Corporation is present and has filed a compliance affidavit, which is taken on record. 2. Learned counsel for respondent no. 4 has submitted that the present compliance affidavit may be read in all the connected contempt applications. 3. It is further submitted that the charge of the post of Executive Director has already been taken from respondent no. 4 and in his place, Shri Kamta Prasad Singh has joined on 19.02.2025. 4. It is further submitted that after the relieving of the respondent no. 4, the State Government had transferred Rs. 32.32 crores as soft loan in the Treasury for the payment of post retiral dues of the employees of the Corporation and the same has been disbursed to the present applicant. 5. Learned counsel for the applicant submitted that the post retiral dues have been paid to the applicant but arrears of the salary has yet not been paid and he is also disputing the amount of payment. 6. On the other hand, learned counsel for the Corporation has submitted that there was a direction for payment of sum of Rs. 6,85,425/- whereas the applicant has been paid a sum of Rs. 7,12,679/- i.e. more than the amount as mentioned in the interim order dated 15.12.2021. 7. It is further submitted that in the interim order, there is no direction for payment of arrears of salary. 8. Learned counsel for the applicant has very fairly submitted that the interim order dated 15.12.2021, for non compliance of which the present contempt application has been preferred has been complied with and has further submitted that the writ petition was allowed against which the Special Appeal was preferred by the State of U.P. which was also dismissed by order dated 21.09.2023. 9. It is further submitted that as far as the present contempt application is concerned, the interim order has been complied with and the present contempt application has become infructuous and the same may be dismissed as infructuous but liberty may be given to the applicant to file a fresh contempt application after the final decision in the writ petition. 10. In view of above, the present contempt application is dismissed as infructuous. 11. Notice, if any, stands discharged. The applicant is always at liberty to file a contempt application for non compliance of subsequent/final judgment for which no separate order is required to be passed. Order Date :- 3.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench