UPENDRA KUMAR SRIVASTAVA v. SHRI RAJIV KUMAR SRIVASTAVA, ADDL. GENERAL MANAGER / UNIT HEAD (R.B.), ITI LTD., RAEBARELI
CAPL/2826/2025 · 2025-09-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162891 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162891 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2826 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 06.03.2025 passed in Writ A No. 2605 of 2025. The relevant paragraph of the same is quoted hereinbelow:-
"4. Considering the aforesaid aspects, the opposite parties are directed to take a final decision with regard to payment of aforesaid benefits in the light of judgment rendered by this Court in the case of Ashok Kumar Shukla (supra), in case same is applicable. Final decision shall be taken within a period of eight weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of eight weeks thereafter. "
Learned counsel for the applicant has submitted that the representation of the applicant has been rejected by order dated 28.03.2025 passed by the Deputy Manager - Law, who is not a party in the writ petition, so he has no authority to take decision on the representation of the applicant. This submission of
learned counsel for the applicant is not tenable that if the person who is not a party in the writ petition cannot take a decision although, otherwise, he is competent to do so. The second submission made by learned counsel for the applicant is that the interest has been denied whereas he is entitled for payment of interest on delayed payment of privileged leave encashment. On being asked from
learned counsel for the applicant whether there is any direction for payment of interest by the writ Court, in its judgment and order dated 06.03.2025, he has submitted that though there was no direction but the payment was made with delay, hence the applicant is entitled for the interest since 30.04.2022 till the actual payment is made. From perusal of the rejection order dated 28.03.2025, the privileged leave encashment was not denied. It was only the question of payment of interest. The authority has passed an order that the payment was made to the applicant on 30.04.2022 and for the interest, he raised the claim at a very highly belated stage in the year 2025 and that is why, it was rejected. Versus Counsel for Applicant(s) : Animesh Bajpai, Jitendra Kumar Bajpai, Vimal Kumar Counsel for Opposite Party(s):
Upendra Kumar Srivastava .....Applicant(s) Shri Rajiv Kumar Srivastava, Addl. General Manager / Unit Head (R.B.), Iti Ltd., Raebareli .....Opposite Party(s)
In view of the facts and circumstances, discussed hereinabove, no case of contempt is made out. At this stage, learned counsel for the applicant has submitted that liberty may be given to the applicant to challenge the order dated 28.03.2025 by filng a writ petition. However, it is always open for the applicant to avail the remedy as may be permissible under the law, if he is still aggrieved by the order dated 28.03.2025, for which no separate order is required to be passed by the contempt court. The contempt application is dismissed accordingly. Notice if any stands discharged. September 4, 2025 Nitesh CAPL No. 2826 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench