Allahabad High Court
KUMARI NEHA PALversusDR. RAMESH CHANDRA, C.M.O.
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Since the requisite payments have been made, there is no case for contempt and the contempt application is dismissed.
Summary
The petitioner, Kumari Neha Pal, an adopted daughter of a deceased Class IV employee, sought family pension and related benefits. The High Court had earlier directed her to file a fresh representation before the Chief Medical Officer within three weeks. A compliance affidavit filed later indicated that the respondent had paid the General Provident Fund, leave encashment, insurance claim, gratuity, and family pension to the petitioner. The Court found that these payments satisfied the earlier order, leaving no ground for contempt. Consequently, the contempt application was dismissed and the bailable warrant against the opposite party was discharged.
Issues considered
- Whether the opposite party is in contempt for allegedly failing to comply with the Court's order regarding the petitioner's family pension.
- Whether the payments made as per the compliance affidavit fulfill the Court's directive and obviate the contempt claim.
Subjects
- family pension
- adoption
- contempt of court
- compliance affidavit
- writ petition
- gratuity
- GPF
- leave encashment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4801 of 2024
Kumari Neha Pal
.....Applicant(s)
Versus
Dr. Ramesh Chandra, C.M.O.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Yadav
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Dr. Ramesh Chandra Gupta, Chief Medical Officer, Mainpuri is present
in the Court today, who is identified by Sri Pavan Kumar, learned
Standing Counsel.
2. A compliance affidavit has been filed today, which is taken on record.
3. The writ Court had required the opposite party to decide the
representation of the applicant, in case it was filed. The order of writ
Court on 2.5.2023 passed in Writ-A No. 5657 of 2023 is as follows;
"Heard learned counsel for the petitioner and Sri R.S. Umrao, learned
Standing Counsel.
The petitioner is adopted daughter of late Ramwati, who was working as
Class IV employee posted at Comunnity Health Center, Bewar, Mainpuri.
It is submitted that Late Ramwati has died on 01.07.2016 and the
petitioner being adopted daughter of late Ramwati is entitled to family
pension but the same has not been released and in this respect, she has
made several representations to the respondents-authorities, but till date,
no action has been taken on the same.
Learned Standing Counsel for the respondents submits that no useful
purpose would be served in keeping the writ petition pending and
appropriate direction may be issued to respondent No.3 to consider the
grievance of the petitioner.
CAPL No. 4801 of 2024
2
Considering the facts and circumstances of the case and without going
into the merits of the case and with the consent of the parties, the writ
petition is disposed off with liberty to the petitioner to file fresh
representation before the respondent No.3- Chief Medical Officer,
Mainpuri along with the certified copy of this order raising all her
grievance within a period of three weeks from today. In case any such
representation is filed by the petitioner, the respondent No.3 shall
consider and decide the same by reasoned and speaking order within a
period of two months thereafter."
4. In paragraph no. 8 of the compliance affidavit filed today it has been
stated that GPF amount has been paid to the applicant, while in paragraph
no. 9 the amount paid in lieu of leave encashment for 300 days has been
mentioned, in paragraph no. 10 the insurance claim paid to the application
has also been disclosed, while in paragraph no. 11 it has been stated that
permission has been granted for payment of gratuity amounting to Rs.
5,09,950/- and family pension in favour of the applicant.
5. As the requisite payments have been made by the opposite party to the
applicant, representation of the application stands decided and no case for
contempt is made out.
6. Contempt application stands dismissed. Bailable warrant issued against
the opposite party stands discharged.
(Rohit Ranjan Agarwal,J.)
May 7, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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