UDAY VIR SINGH v. SRI PRATHMESH KUMAR, THE VICE CHAIRMAN LKO. DEVELOPMENT AUTHORITY LKO. AND 2 OTHERS
CAPL/2731/2025 · 2025-12-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196985 (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. - 2731 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. The present contempt application has been preferred against the non compliance of the judgment and order dated 19.05.2025. The relevant para 12 is quoted herein below:-
"12. Accordingly, the opposite parties are directed to release the monthly pension, amount of commutation of pension and total amount of gratuity in favour of the petitioner int he light of letter dated 04.03.2025 issued by the Finance Controller of LDA within a period of two months from production of certified copy of the order of this Court, failing which the petitioner would be entitled for the interest on the delayed payment strictly in accordance with law."
2. The learned counsel for the respondents, has submitted that as directed by the Writ Court the payment has been made to the applicants and hence the judgment and order passed in writ petition has been complied with and the present contempt application may be dismissed as infructuous. 3. On the other hand learned counsel for the applicant has submitted that admitted payment has not been made to the applicant for the reason the Writ Court has directed to make payment as per the letter dated 4.3.2025, issued by the Finance Controller of the L.D.A.
4. After arguing at some length, learned counsel for the applicant has submitted that all the payments as mentioned in the letter dated 4.3.2025 has been made to the applicant but as far as gratuity is concerned out of Versus Counsel for Applicant(s) : Shireesh Kumar, Utkarsh Kumar Counsel for Opposite Party(s) : Ratnesh Chandra Uday Vir Singh .....Applicant(s) Sri Prathmesh Kumar, The Vice Chairman Lko. Development Authority Lko. And 2 Others .....Opposite Party(s)
about Rs. 25,00,000/- approximately Rs. 11,00,000/- has been paid without assigning any reason for paying the lesser amount of gratuity to the applicant. 5. After hearing the learned counsel for the parties and going through the record of the case, it is found that the Writ Court has directed for making payment as mentioned in paragraph 12, which has already been quoted above, and it is the admitted case of the applicant that the payment as per the letter dated 24.3.2025, issued by the Finance Controller of the L.D.A. has already been paid but the admitted amount of gratuity has not been paid. 6.
The said submission of learned counsel for the applicant does not find force for the reasons in the letter dated 4.3.2025 there is no mention about the amount of gratuity, so it could not be said that the admitted amount of gratuity has not been paid. In case there is any dispute regarding the determination of the amount of gratuity, the same cannot be seen in the present proceedings. 7. The applicant is aggrieved and disputed the amount of gratuity he may avail the remedy as may be permissible under the law. 8. For the reason there is no specific amount of gratuity is to be paid is either mentioned in the judgment passed in the writ petition or the letter dated 4.3.2025. 9. In view of the facts, circumstances and discussion made as above, the judgment and order dated 19.5.2025 passed in the Writ Petition has been complied with and the present contempt petition is dismissed as infrcutuous. 10. Notices, if any, issued against the respondents, are hereby discharged. December 10, 2025 Muk CAPL No. 2731 of 2025 2 (Manish Kumar,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench