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2025 DAILYLAW 179865 (ALL)

SURENDRA PRASAD MISHRA v. SRI UPENDRA GUPTA, DISTT. BASIC EDU. OFFICER DISTT. SULTANPUR AND 2 OTHERS

/4109/2025 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4109 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. The present contempt application has been preferred alleging therein non- compliance of the judgment and order dated 23.03.2022 passed in Writ A No. 1989 of 2006. The relevant para of the said judgment and order is being reproduced hereinbelow:- "Learned counsel for the petitioner submits that G.P.F. amount of Rs.46,200/- was released from State of Uttaranchal on 29.10.2013 which was sent to the District Basic Education Officer, District Sultanpur and still the same has not been credited to the G.P.F. account of the petitioner. His submission is that amount be credited to the G.P.F. account of the petitioner with interest. Having heard the learned counsel for the parties and perused the material on record. On perusal of the record, it is evident that this Court vide order dated 10.03.2006 directed the opposite parties to expedite the matter of the petitioner after consulting the authorities of the State of Uttaranchal and opposite party nos.1,2 and 4 will undertake all necessary exercises to get the G.P.F. amount of the petitioner transferred to the State of Uttar Pradesh. This exercise was to be done preferably within six months, if possible. Almost 16 years have passed and the amount of G.P.F. has not been credited to the G.P.F. account of the petitioner. In view of the peculiar facts and circumstances of the case, it is hereby directed that the G.P.F. amount of Rs.46,200/- with 12% interest shall be Versus Counsel for Applicant(s) : Manjeet Singh, Gaurav Upadhyay, Poonam Singh Counsel for Opposite Party(s) : Surendra Prasad Mishra .....Applicant(s) Sri Upendra Gupta, Distt. Basic Edu. Officer Distt. Sultanpur And 2 Others .....Opposite Party(s) transferred to the G.P.F. account of the petitioner within three weeks from the date of production of certified copy of this order. With the aforesaid directions, the writ petition succeeds and is allowed." Subsequently, the judgment and order dated 23.03.2022 has been modified/corrected by order dated 12.09.2024, which is quoted hereinbelow:- "I.A. No.19/2022- Application for modification/ correction 1. Heard. 2. The reasons assigned in the affidavit filed in support of the application are sufficient. Accordingly, the application is allowed. 3. In the fourth paragraph of the order dated 23.3.2022, the words, "still the same has not been credited to the G.P.F. account of the petitioner" are deleted and in its place, the words, "same has been credited in G.P.F. account of the petitioner in the last week of October, 2013" are added." Learned Counsel for the applicant has submitted that despite the direction issued by the Writ Court for payment of 12% interest by passing an order dated 23.03.2022 ,till date the interest has not been paid, so the respondent is willfully and intentionally disobeying the judgment and order dated 23.03.2022. It is further submitted that due to some miscommunication, the finding was recorded in the order dated 23.03.2022 that the G.P.F. amount of Rs. 46,200/- was though released but the same has not been credited to the G.P.F. account of the applicant by the District Basic Education Officer whereas the amount had already been credited in the G.P.F. account of the applicant in the year 2013 itself so an application for modification was filed and an order dated 12.09.2024 was passed modifying the order dated 12.09.2024 to the extent that the words " still the same has not been credited to the G.P.F. account of the petitioner" was deleted and in its place, the words, "same has been credited in G.P.F. account of the petitioner in the last week of October, 2013 had been added" After hearing learned counsel for the applicant and going through the record of the case, it is found that the Writ Court while passing the judgment and order dated 23.03.2022 had directed that the G.P.F. amount of Rs. 46,200/- with 12% interest shall be transferred to the G.P.F. account of the applicant within a period of three weeks and the said order was passed on the CAPL No. 4109 of 2025 2 submission of the learned counsel for the applicant that the State of Uttranchal had transferred the amount on 29.10.2013 but the B.S.A. had not transferred/credited the same in the G.P.F. account of the applicant whereas by modification, it was clarified that the amount has already been credited in the account of the applicant in last week of October, 2013 itself, hence, no contempt is made out against the respondent. Contempt would have been made out if the amount would not had been transferred in the G.P.F. account of the applicant since 23.03.2022 and not otherwise. In view of the facts, circumstances and observation made hereinabove, the present contempt application is devoid of merit, hence, dismissed. December 15, 2025 Ashish CAPL No. 4109 of 2025 3 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench