DR. G.K. GUPTA v. DR. V.K. YADAV M.D. U.P. COOPERATIVE SUGAR FACTORIES FEDERAT
CAPL/1353/2014 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184443 (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. - 1353 of 2014 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. The present contempt application has been preferred against the alleged non-compliance of the judgment and order dated 30.08.2013, passed by the writ court in Writ Petition No. 835 of 2001. The relevant portion of the said judgment is quoted hereinbelow:-
"The long and short of the discussion and taking the holistic view of the matter, the writ petition deserves to be allowed, which is hereby allowed and the impugned order dated 01.05.2001 is hereby quashed. In the supplementary affidavit dated 13.02.2012, the petitioner has indicated his age as 67 years and as such, there is no question of his reinstatement and ordering fresh inquiry as he had attained the age of superannuation much earlier. However, the intervening period between the date of removal and the date of retirement shall be treated as period rendered in service for the purposes of payment of terminal benefits and considering the mental sufferings and agony, which the petitioner has undergone in all that years, the ends of justice would be met by awarding 25 % of the back wages. Accordingly, it is directed that the petitioner shall be paid 25% of the back wages and terminal benefits like gratuity, leave encashment with admissible interest etcetera including unpaid subsistence allowance within a maximum period of three months from today."
2. Learned counsel for the applicant has submitted that the amount has been paid to the applicant, however, there is dispute with regard to the determination of payment of interest and it is also not disclosed as to from which period the interest has been paid. 3. On the other hand, learned counsel for the applicant has submitted that there was no direction for payment of particular rate of interest or the period, but in the present contempt proceedings, the court has asked to pay the interest at the rate of 6% and after calculating the same, the interest has been Versus Counsel for Applicant(s) : Sandeep Dixit, Badrul Hasan, Mohd. Hayan Hasan, Ripu Daman Shahi Counsel for Opposite Party(s) : C S C, A.M. Tripathi, Jai Prakash Mishra, Rp.Singh Chauhan, Sudhanshu Chauhan Dr. G.K. Gupta .....Applicant(s) Dr. V.K. Yadav M.D. U.P. Cooperative Sugar Factories Federat .....Opposite Party(s)
paid. 4.
After hearing learned counsel for the parties and going through the records of the case, the judgment and order dated 30.08.2013 passed by the writ court has been complied with and if the applicant is still aggrieved with regard to the determination of the amount, he may challenge the same. 5. As such, the present contempt application is dismissed as infructuous with liberty to the applicant to avail the remedy as may be permissible under the law. 6. Notice, if any, stands discharged. November 28, 2025 DiVYa CAPL No. 1353 of 2014 2 (Manish Kumar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench