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2025 DAILYLAW 140085 (ALL)

VIJAY PAL SINGH CHAUHAN v. VIVEK SINGH, DIRECTOR AGRICULTURE KRISHI BHAWAN, LKO. AND ANOTHER

CAPL/1502/2023 · 2025-01-29

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6133 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1502 of 2023 Applicant :- Vijay Pal Singh Chauhan Opposite Party :- Vivek Singh, Director Agriculture Krishi Bhawan, Lko. And Another Counsel for Applicant :- Vivek Kumar Srivastava,Pradeep Kumar Srivastava Counsel for Opposite Party :- Mayankar Singh,Santosh Kumar Singh Hon'ble Manish Kumar,J. Learned counsel for the applicant has submitted that in compliance of the judgement and order dated 27.01.2023 in Writ-A No.2984 of 2015 passed by the writ court all post retiral dues had already been paid to the applicant except salary for the period 1.5.2011 to 30.09.2011. The relevant extract of the order is quoted hereinbelow: "It is admitted on record that the petitioner has been retired from after attaining the age of superannuation of 60 years, by giving retirement notice in which date of birth of the petitioner is mentioned by the answering respondent No.4. Thus, I am of the opinion that the records are available with the respondent No.4. If any record is not available, then it is incumbent on the respondent No.4 to do necessary exercise but pensionary benefits cannot be stopped at any cost." On the other hand, learned counsel for the respondent has submitted that the compliance affidavit was filed by Respondent No.3 enclosing an order dated 21.11.2023 wherein the period 1.5.2011 to 30.09.2011 was treated as leave without pay and for that reason no increment is admissible to the applicant and the said order has never been challenged by the applicant. It is further submitted that there is no direction for the payment of arrears of salary by the writ court. After arguing at some length, learned counsel for the applicant has submitted that for all practical purposes the present contempt application has become infructuous and prayed that the present contempt application may be dismissed as infructuous with liberty to the applicant that if he has still any grievance, he may challenge the same before the appropriate forum. As prayed, the present contempt application/ petition is dismissed as infructuous. The notice, if any, issued against the respondent is hereby discharged. The applicant is at liberty to challenge if he has any grievance, as may be permissible under the law. Order Date :- 29.1.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench