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2025 DAILYLAW 153769 (ALL)

NAVAL KISHORE PATHAK v. VIJAY KUMAR VERMA EXE.DIR.U.P.STATE EMPLOYEES WELFARE and ANR.

CAPL/1205/2021 · 2025-03-03

Manish Kumar

body2025

Judgment text

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Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1205 of 2021 Applicant :- Naval Kishore Pathak Opposite Party :- Vijay Kumar Verma Exe.Dir.U.P.State Employees Welfare And Anr. Counsel for Applicant :- B.R. Singh,Devashish Bhatt,Mukesh Kumar Counsel for Opposite Party :- Mahendra Pratap Singh Hon'ble Manish Kumar,J. Sri Anuj Kumar Pandey, Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow who is respondent in the present contempt application is present and has submitted that he is Chief Finance Officer, Vidhan Sabha and he was given the additional charge of the post of Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow in the year 2022 and subsequently he was also given the officiating charge of Executive Director, U.P. Government Employees Welfare Corporation, Lucknow but in February, 2025, the charge of Executive Director has been taken as new incumbent has joined on 19.02.2025 as Executive Director but he is still having the officiating charge of Finance and Accounts Officer, U.P. Government Employees Welfare Corporation, Lucknow. Learned counsel for respondent has submitted that the compliance affidavit filed in CONTEMPT APPLICATION (CIVIL) No. - 766 of 2022 (In re: Smt. Usha Agarwal vs. Om Prakash Verma, Executive Director, U.P. Govt. Empolyees Welfare Corporation Lko. And Others) shall be read in the present contempt application also. Learned counsel for the applicant has submitted that despite repeated effort, the applicant has never contacted the office of counsel and he has no instructions in the present case. On the other hand, learned counsel for the respondent- Corporation has submitted that in compliance of the interim order dated 19.03.2024, all admitted post retiral dues have been paid to the applicant and this may be seen at page 10 of the compliance affidavit in which the name of the applicant finds place at Srl. No. 9. Learned counsel for the applicant has submitted that though the post-retiral dues have been paid but after making certain deductions (festive and incentive advance) which was taken by the applicant and which cannot be recovered from him and has further submitted that otherwise, for all practical purposes, the judgment and order passed by the writ Court has been complied with as such, the present contempt application has become infructuous and the same may be dismissed as infructuous. In view of above, the present contempt application is dismissed as infructous. Notice, if any, stands discharged. Order Date :- 3.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench