NARESH KUMAR MISHRA v. SHRI VIDYA SAGAR MISHRA, SUPERINTENDENT OF POLICE RAMPUR AND ANOTHER
CAPL/4751/2024 · 2025-02-12
Manish Kumar
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 169958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169958 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9041 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4751 of 2024 Applicant :- Naresh Kumar Mishra Opposite Party :- Shri Vidya Sagar Mishra, Superintendent Of Police Rampur And Another Counsel for Applicant :- Ram Charitra Pandey,Shashank Pandey Hon'ble Manish Kumar,J. Shri Ashok Kumar Singh, Finance Controller, Uttar Pradesh Police Head Quarter, Lucknow has filed an affidavit of compliance, which is taken on record. Heard. Present contempt petition has been preferred for alleged non compliance of the judgment and order dated 30.07.2024 passed in Writ A No. 5911 of 2024. The relevant excerpts of the said
judgment is quoted hereinbelow:-
"12. The opposite parties are directed to refund/ repay the deducted/ recovered amount of Rs.5,38,781/- to the petitioner forthwith, preferably within a period of one month from the date of receipt of certified copy of this order, failing which the petitioner would be entitled for the interest on the delayed payment at the rate of 8% p.a.
13. The opposite parties are further directed to fix the pension of the petitioner on the basis of last basic pay Rs.64,100/- drawn by the petitioner at the time of retirement since the pension of the petitioner may not be reduced by making exercise of re-fixation of last pay drawn in the light of the dictum of the Apex Court in re; Sushil Kumar Singhal (supra). Learned Standing Counsel has submitted that in compliance of the judgment and order of the Writ court dated 30.07.2024, recovered amount of Rs. 538781/- has been paid to the applicant through e-transaction dated 06.09.2024 and the e- transaction receipt has also been enclosed as annexure no. C.A.-
1. It is further submitted that as per the direction of this Court, the pension of the petitioner has been fixed on the basis of last
basic pay of Rs. 64100/- drawn by the applicant at the time of retirement by issuing an authority letter dated 25.01.2025 (copy of which is enclosed as annexure no. C.A.-2). It is further submitted that the payment order of difference amount of gratuity, though it was not directed to be paid, has been issued on 25.01.2025 amounting Rs. 86691/-.
Learned Counsel for the applicant is disputing the determination/payment to the applicant. After hearing learned counsel for the parties and going through the record of the case, it is found that the judgment and order passed by the Writ Court has been complied with and no further
order is required to be passed by this court in the present case. In view of the aforesaid, the present contempt petition is rendered infructuous and dismissed as such. Notice issued, if any, stands discharged.
Order Date :- 12.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench