Neutral Citation No. - 2025:AHC:80224 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6972 of 2022 Applicant :- Naresh Chandra Opposite Party :- Sri Rajesh Kumar Upadhyay, Regional Food Controller Counsel for Applicant :- Anil Kumar Dwivedi,Anurag Tripathi,Diwakar Mishra,Jainendra Pandey,Prashant Ojha,Rajneesh Upadhyay,Shashank Shukla,Upendra Upadhyay,Ved Prakash Verma Hon'ble Salil Kumar Rai,J. In execution of the bailable warrant issued in pursuance to the previous order passed by this Court, the Regional Food Controller, Agra Region, Agra is personally present in the Court and has filed his compliance affidavit, which is taken on record. The opposite party is represented by his counsel Shri Dhruv Narayan Mishra, Advocate. The present contempt application has been filed pleading willful disobedience of the order dated 7.9.2022 passed by this Court in Writ-A No. 13729 of 2022. The facts of the case are that after the retirement of the petitioner, an order dated 2.8.2022 was passed by the competent authority directing for a recovery of Rs. 4,61,939/- from the amount due to the petitioner as leave encashment because of excess payment made to him as salary while the petitioner/applicant was still in service. The order dated 2.8.2022 was challenged by the petitioner through Writ-A No. 13729 of 2022 in which this Court called for a counter affidavit and relying on the judgement of the Supreme Court in State of Punjab and Others Vs. Rafiq Masih and Others, 2015 (4) SCC 334 issued an interim mandamus directing that no recovery in pursuance to the impugned order dated 2.8.2022 shall be made from the post retiral dues of the petitioner. The affidavit filed by the opposite party discloses that the amount to be recovered because of alleged excess payment of salary to the applicant had been recovered by 30.8.2022 and the balance amount had been sent to the Treasury on the same date. It has been stated that no further deductions have been made from the post retiral dues of the applicant after 7.9.2022. It being noted that there is no direction in the order dated 7.9.2022 for refund of the amount already deducted from the post retiral dues of the applicant. Interim madamus granted vide order dated 7.9.2022, by its language, is applicable only on subsequent deductions if any to be made from the retiral dues of the applicant. It is the admitted case of the party that no subsequent deductions, i.e, the deductions from the retiral dues of the applicant after the order dated 7.9.2022 has been made. In view of the aforesaid, no willful disobedience of the order dated 7.9.2022 can be imputed to the opposite party. The applicant has the remedy to seek appropriate orders from the writ Court for refund of the amount and it is not a case to proceed further in contempt proceedings. The contempt application is disposed of. Notices are discharged. Let the file be consigned to record. Order Date :- 15.5.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad