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Allahabad High Court

SARJOO BAIversusVIPIN KUMAR, ZILA BASIC SHIKASH ADHIKARI AND ANOTHER

Decided

Holding

The contempt application is dismissed as the writ order has been complied with.

Summary

The High Court considered a contempt application filed by Sarjoo Bai after a writ petition dated 19‑04‑2023 ordered payment of delayed gratuity with 8% interest from 02‑10‑2011. The respondents, represented by the U.P. Basic Education Board officials, filed compliance affidavits showing that the interest amount of Rs 1,15,803 was credited to the applicant’s account on 27‑01‑2026, and an order confirming this was attached. The court examined whether the writ order had been fully complied with. Finding that the interest had indeed been paid, the court held the contempt application to be infructuous and dismissed it, while noting that a recall application could be filed if compliance were later found lacking. The contempt notice was therefore discharged.

Issues considered

  • Whether the contempt application filed by the applicant should be dismissed on the ground that the writ order directing payment of gratuity with interest has been complied with.

Subjects

  • contempt of court
  • writ petition
  • gratuity
  • interest payment
  • compliance
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 4744 of 2024

Sarjoo Bai
                                                           .....Applicant(s)
                                  Versus

Vipin Kumar, Zila Basic Shikash Adhikari And
Another                                                        .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                :   Om Prakash Chaube
Counsel for Opposite Party(s)           :   Rajesh Khare, Yatindra

Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Surendra Kumar Tiwari, Secretary, U.P. Basic Education Board,
Prayagraj and Avyakt Ram Tiwari, District Basic Education Officer,
Banda are present in the Court who are identified by Sri Yatindra, learned
counsel appearing for opposite party no. 2, and Sri Vimal Chandra
Mishra, learned counsel appearing for opposite party no. 1, respectively.

2. Two compliance affidavits have been filed today, one on behalf of
opposite party no. 1 and the other on behalf of opposite party no. 2, which
are taken on record.

3. It is contended by learned counsel for the opposite party that writ Court
while allowing the writ petition on 19.04.2023 had required for paying the
interest on the delayed payment of gratuity from 02.10.2011 along with
interest @ 8%.

4. Sri Yatindra, learned counsel appearing for opposite party no. 2
submits that calculation was done from 2011 of the interest on delayed
payment of gratuity. According to him, after calculation the amount of
Rs.1,15,803/- has been credited into the account of the applicant on
27.01.2026 itself. An order has been passed by Secretary, U.P. Basic
Education Board, Prayagraj on 26.01.2026 which has been appended as
annexure-2 to compliance affidavit.

5. In view of said fact, as the order of writ Court has been complied with
                                                                                       CAPL No. 4744 of 2024
                                                                  2


                                    and interest has been paid, the contempt application is rendered
                                    infructuous and stands dismissed.

                                    6. Contempt notice stands discharged.

                                    7. However, in case the order of writ Court is not complied with, the
                                    applicant is at liberty to move a recall application.



                                                                               (Rohit Ranjan Agarwal,J.)
                                    January 28, 2026
                                    (V.S.SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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