Neutral Citation No. - 2025:AHC-LKO:24718 Court No. - 3 Case :- WRIT - A No. - 4471 of 2025 Petitioner :- Kandhai Respondent :- State Of U.P. Thru. Secy. Urban Development Lko. And 4 Others Counsel for Petitioner :- Dheerendra Singh Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J. Heard Sri Kanhiya Lal, learned counsel for the petitioner, Sri Nitin Mathur, learned counsel for the opposite party nos. 1, 2, 4 and 5 and Sri Alok Singh, Advocate holding brief of Sri Anil K. Tripathi, Advocate who has filed his vakalatnama on behalf of opposite party no. 3. At the very outset, attention has been drawn towards the order dated 24.08.2023 passed by this order in the writ petition of the petitioner which reads as under:- "1. Heard the counsel for the petitioner and Sri Anil K. Tripathi, the counsel for the respondents. 2. The present petition has been filed by the petitioner alleging that despite having retired, the retiral dues i.e. GPF, Gratuity Amount, Leave Encashment, Group Insurance and arrears of Seventh Pay Commission along with two ACP have not been paid to the petitioner. 3. The counsel for the respondents Sri Anil K. Tripathi accepts notice on behalf of the respondent 3 and states very fairly that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months. 4. In view of the fairness of the counsel for the respondent no.3, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount has not been paid within the time as granted, the respondent no.3 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization. 5. With the said observations, the writ petition stands disposed off. " When the aforesaid dues have not been paid to the petitioner, the petitioner filed a contempt petition bearing Contempt Application (Civil) No. 402 of 2024 and that contempt petition has been decided vide order dated 19.12.2024, which reads as under:- "Sri Sanjay Mishra, Executive Officer, Nagar Palika Parishad, Gonda (the respondent) is present and has filed compliance affidavit which is taken on record. Learned counsel for the respondent has submitted that the order passed by the writ court has been complied with. Learned Counsel for the applicant has very fairly submitted that in compliance of the judgment and order dated 24.08.2023, the claim of the applicant has been decided and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous but liberty may be given to the applicant to challenge the decision taken by the respondent on the claim of the applicant by filing a writ petition. As prayed, the present contempt petition is dismissed as infructuous and it is open for the applicant to avail the remedy, as may be permissible under law. Notice issued earlier, if any, stands discharged." Today the learned counsel for the petitioner has stated that all retiral dues have not been paid to the petitioner in terms of the order dated 24.08.2023 and the submission of the learned counsel for the opposite parties to the effect that all retiral dues have been paid to him was not correct before the contempt Court inasmuch as he has not been given bonus and ACP properly. Be that as it may, if the petitioner has not been paid all admissible dues in terms of the order dated 24.08.2023 passed by the writ Court and proper information has not been provided to the Hon'ble Contempt Court, any appropriate application may be filed before the contempt Court but for the same relief, the second writ petition may not be entertained. Even after passing the order dated 24.08.2023 by the writ Court, no new claim, if any, may be raised by the petitioner. Accordingly, this petition is disposed of finally at the admission stage giving liberty to the petitioner to file appropriate application before the appropriate Court of law. Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench