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2025 DAILYLAW 130810 (ALL)

SUNEET KUMAR NIGAM v. SHRI DEEPAK KUMAR, ADDL. CHIEF SECY. FINANCE LKO. AND 4 OTHERS

CAPL/958/2025 · 2025-08-28

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 958 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard. Learned counsel for the applicant has submitted that in compliance of the interim order dated 01.09.2020, only G.P.F., G.I.S., leave encashment and arrears of provisional pension have been paid to the applicant, but the gratuity and the benefit of the 3rd A.C.P. have not been paid to him. On being asked from the learned counsel where the direction for payment of post retiral dues was given by the writ court, he has very fairly submitted that writ petition was filed against the impugned order dated 22.07.2020 whereby certain benefits granted to the applicant/petitioner were withdrawn without affording any opportunity of hearing to the applicant during his service tenure. During the pendency of the writ petition, the applicant attained the age of superannuation and retired from service on 31.12.2024. On being asked whether any amendment application was moved by the applicant in the writ petition seeking a prayer for payment of post retiral dues, he has very fairly submitted that no such amendment application was filed. Under these circumstances, since the writ petition was filed against the impugned order dated 22.07.2020 without there being any prayer made by moving an amendment application for payment of post retiral dues and pressing the contempt for payment of post retiral dues, Versus Counsel for Applicant(s) : Mohd. Mansoor, Mohammad Danish Counsel for Opposite Party(s) : Suneet Kumar Nigam .....Applicant(s) Shri Deepak Kumar, Addl. Chief Secy. Finance Lko. And 4 Others .....Opposite Party(s) without there being any writ petition or direction of the court in that regard, it would be very difficult for this Court to proceed with the present contempt application. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present contempt application as not pressed with liberty to seek a remedy for post retiral dues as per the remedy permissible under the law. As such, the present contempt application is dismissed as not pressed, with aforesaid liberty. August 28, 2025 Mahesh CAPL No. 958 of 2025 2 (Manish Kumar,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench