RADHEY SHYAM MISHRA v. SHRI PALLAV MOHAPATRA M.D.andC.E.O. CENTRAL BANK OF INDIA andANR
CAPL/1850/2019 · 2025-07-14
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160978 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160978 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40105 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1850 of 2019 Applicant :- Radhey Shyam Mishra Opposite Party :- Shri Pallav Mohapatra M.D.Andc.E.O. Central Bank Of India Andanr Counsel for Applicant :- Radhey S.Mishrain Person Counsel for Opposite Party :- Gopal Kumar Srivastava Hon'ble Rajeev Singh,J.
1. Heard Sri Radhey Shyam Mishra (applicant) who appears in person and Sri Gopal Kumar Srivastava, learned counsel for the respondent.
2. The instant contempt application has been filed by the applicant with a prayer that the order dated 06.03.2019 passed on the Clarification Application No. 133403 of 2018 filed in Writ Petition (S/S) No. 1292 of 1998 as well as the order dated 15.02.2016 passed in the said writ petition is not complied with in letter and spirit.
3. The applicant submits that the respondent-authority is making payment of 50% of the pension, which is in violation of directions of the writ Court dated 15.02.2016 read with the
order dated 06.03.2019 passed on clarification application.
4. Learned counsel for the respondent submits that as directions of this Court issued in the aforesaid writ petition vide order dated 15.02.2016 were not complied with, a Contempt Application No. 997 of 2016 was preferred by the applicant, which was decided on 04.05.2018. This order was challenged in Special Appeal No. 282 of 2018, which was allowed by setting aside the order dated 04.05.2018 passed by the contempt Court. It is further submitted that the order dated 10.05.2023 passed in Special Appeal No. 282 of 2018 was challenged before Hon'ble Supreme Court in Special Leave to Appeal (C) No. 18194 of 2023 by the Chairman and Managing Director, Central Bank of India & Anr., in which, the order dated 10.05.2023 passed in Special Appeal No. 282 of 2018 is stayed, therefore, the present contempt application filed for violation of the order dated 15.02.2016 read with order dated 06.03.2019 is not maintainable, and the same is liable to be dismissed.
5. Considering the submissions of the applicant, learned counsel for the respondent and going through the contents of the application as well as other relevant materials, it is undisputed fact that the Writ Petition (S/S) No. 1292 of 1998 filed by the applicant-petitioner was allowed vide order dated 15.02.2016 with the observation that the petitioner shall be entitled to all consequential benefits except arrears of salary which will be payable to the petitioner-workman to extent of 50% only since he has not worked with Bank after his dismissal for service till date, however, period from order of dismissal till date or till retirement, if in the meantime petitioner has retired, shall qualify for all purposes including retiral benefits. Thereafter, the Contempt Application No. 997 of 2016 was filed for alleged violation of directions of the writ Court issued in the judgement dated 15.02.2016 and the said contempt application was
disposed of on 04.05.2018 on the ground that all the benefits were given to the applicant. Further, the order dated 04.05.2018 passed in the aforesaid contempt application was challenged by the applicant before the Division Bench in Special Appeal No. 282 of 2018, which was allowed vide order dated 10.05.2023 and the matter was remanded to the contempt Court. The aforesaid order dated 10.05.2023 was challenged by the Bank before Hon'ble Supreme Court in Special Leave to Appeal (C) No. 18194 of 2023, in which, the order dated 10.05.2023 is stayed vide order dated 06.09.2023. In the meantime, an application for clarification was filed in the writ petition, which was disposed of by extending earlier order passed by the writ Court. The grievance of the applicant is regarding violation of the order dated 15.02.2016 passed by the writ Court. The issue regarding violation of the directions issued by the writ Court has already been adjudicated in Contempt Application No. 997 of 2016 and the subject matter is pending before Hon'ble Supreme Court. Therefore, the contempt application, being misconceived, stands dismissed.
Order Date :- 14.7.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench