RAM MILAN DUBEY v. SHRI RAKESH KUMAR MISHRA, D.M., AMETHI
CAPL/1672/2023 · 2025-02-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141639 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141639 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1672 of 2023 Applicant :- Ram Milan Dubey Opposite Party :- Shri Rakesh Kumar Mishra, D.M., Amethi Counsel for Applicant :- Rama Kant Dixit Hon'ble Manish Kumar,J. Heard. The present contempt application has been preferred for alleged non-compliance of judgement and order dated 13.02.2023 passed in Writ-A No.16187 of 2018, the relevant extract of the
order is quoted hereinelow:
"The respondents are directed to consider and provide all service benefits and retiral dues as claimed and permissible as per law to the petitioner treating him to be in regular service w.e.f 05.06.1986 in terms of the order passed by this court in Writ Petition No.784 (SS) of 2011within a period of eight weeks from the date of production of a certified copy of this order. " On the last date i.e. 6.1.2024 the compliance affidavit was filed by the Respondent No.2 i.e Miss Nisha Anant, Distrit Magistrate, Amethi enclosing therein the copy of the order dated 2.1.2025, by which the approval has been granted for payment of all post retiral dues to Sri Ram Milan Dubey i.e. the applicant. On the said date learned counsel for the applicant has submitted that till date the applicant has not received even a single penny and prays for a week's time for filing objection against the same, though it was not recorded but learned State Counsel on the said date provided copy of the pay pension
order dated 24.01.2025 forwarded to the treasury for the payment of pension, gratuity and computation to the learned counsel for the applicant and who had taken time for seeking instructions and for filing objection, said fact is not disputed by the learned counsel for the applicant. But neither any objection has been filed and he has said that he has not received any instructions from his client regarding payment as per pay pension order dated 24.01.2025 and has argued that the judgement and order passed by the writ court has not been complied with in its letter and spirit for the reason that the benefit as per judgement passed in Writ Petition No.748/SS/2011 which has not been given to the applicant while passing the order dated 2.1.2025 by the Respondent No.2.
The Court has asked what were those directions in the judgement passed in the Writ Petition No. 748/SS/2011 which had not been made admissible to the applicant, he is neither in position to show the judgement nor the benefit which had not been given to the applicant.There is no denial of the fact as asserted by Respondent No.2 that pay pension order has already been forwarded to the treasury for payment to the applicant. In view of the above facts and circumstances of the case, the judgement and order passed by the writ court has been complied with, hence the contempt petition has become infructius and is accordingly dismissed. The notice, if any, issued against the respondent is hereby discharged.
Order Date :- 4.2.2025 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