Neutral Citation No. - 2025:AHC-LKO:20875-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 151 of 2025 Appellant :- Anuj Kumar Pandey And Another Respondent :- Ashok Kumar Saxena And 2 Others Counsel for Appellant :- Anurag Vikram,Vineet Kumar Singh Bisen Counsel for Respondent :- Satendra Nath Rai Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. Dr. L.P. Mishra, learned counsel has filed vakalatnama on behalf of appellant-respondent nos.1and 2, which is taken on record. The judgement rendered by the writ court in Service Single No.8798 of 2020 on 22.10.2020 has attained finality giving rise to Contempt Petition No.396 of 2021 wherein directions have been issued for filing an affidavit of compliance after making payment of due amount of arrears of salary to the employees from the remaining amount lying in the treasury. Although we do not gather any illegality which the impugned order suffers from but the submission urged before us is to the effect that it has become impossible for the Corporation to carry out the mandate of law in terms of the judgement dated 22.10.2020. It is submitted that pursuant to the requisition forwarded to the state government for release of money under various heads, only a sum to the tune of Rs.32.32 crores for payment of post retiral dues has been sanctioned and it is mentioned in the sanction letter that the said amount shall be utilised for the heads for which it has been sanctioned. It is in this backdrop that the arrears of salary which have been claimed by the employees and for which no amount whatsoever has been sanctioned by the state government remains unpaid and the Corporation has also run short of fund. Barring a meager amount which the Corporation is ready to disburse equitably, the entire liability cannot be made good unless the state government sanctions a financial package in favour of the Corporation to make the liability good. The State government is also a party to the writ petition. All these aspects ought to have been placed before the court concerned in the contempt proceedings for which we leave it open to the parties to appear before the contempt court and offer an equitably mechanism of discharging the financial liability so that necessary orders are passed by the contempt court after having the bona fide intention of the parties to comply with the Court orders in mind. While declining to entertain the present appeal as against the order impugned here in, we leave it open to the appellants to file an affidavit in the contempt proceedings to suggest the ways and means so as to discharge the financial liability of the Corporation towards its employee who have retired from service. We also expect that the participation of the state for the purposes of sanction of funds required, if any, may also be explored. It is open to the contempt court to take all the relevant aspects of the matter into consideration before proceeding for framing of charge. Till passing of further order by the contempt court, the direction to the extent 'that the package sanctioned by the state government for disbursement against the post retiral dues be utilized for payment of arrears of salary may not be acted upon against any other head except the post retiral dues alone. It is expected that the Corporation shall be fair, just and transparent in the matter of disbursement of dues out of the available funds or any other amount for payment of arrears of salary sanctioned by the State. The appeal is accordingly disposed of. [Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 11.4.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench