Allahabad High Court
VIRENDRA SINGHversusB.L. MEENA, PRIN.SECY. / ADDL. CHIEF SECY. COOPERTIVE, CIVIL SECRTT., LKO.
- Decided
- Disposal
- DISMISSED AS INFRUCTUOUS
- Bench
- MANISH KUMAR
Holding
The contempt application is dismissed as the Writ Court order has been complied with.
Summary
The applicant, Virendra Singh, filed a civil contempt application alleging that the opposite party, the Cooperative Civil Secretary of Lucknow, had failed to comply with a Writ Court order directing regular pension payments, including arrears, to retired persons. The opposite party contended that the order had been complied with, as pension had been paid up to July 2024. The court examined the submissions and the wording of the Writ Court order, which required the Registrar-cum-Commissioner to ensure regular pension payments. It found that the payment of pension up to July 2024 satisfied the order, and no contempt had occurred. Consequently, the contempt application was dismissed, with a direction that pension payments continue from August 2024 onward.
Issues considered
- Whether the opposite party is in contempt for allegedly failing to comply with the Writ Court order regarding regular pension payments
Subjects
- contempt
- pension
- Writ Court order
- compliance
- civil contempt
- cooperative
Judgment
Neutral Citation No. - 2024:AHC-LKO:62147
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 896 of
2023
Applicant :- Virendra Singh
Opposite Party :- B.L. Meena, Prin.Secy. / Addl. Chief Secy.
Coopertive, Civil Secrtt., Lko.
Counsel for Applicant :- Awadhesh Kumar Tiwari
Hon'ble Rajeev Singh,J.
1. Shri Kumar Gaurav, learned Standing Counsel appearing for
the opposite party submits that order of Writ Court has already
been complied with in letter and spirit as regular pension is
being paid to the applicant, therefore, the present contempt
application may be dismissed.
2. Learned counsel for the applicant submits that the order of
Writ Court has not complied with as the applicant has only been
paid regular pension till the month of July, 2024.
3. Considering the submission of counsel for the parties as well
as contents of order of Writ Court, it is evident that the direction
was given by the Writ Court to pass necessary orders of
sanctioning grant/money to the Registrar-cum-Commissioner,
Cooperatives, Lucknow who shall ensure that the applicant and
other similarly situated retired persons are given their pension
regularly including arrears. The same has already been
complied with as the pension till the month of July, 2024 has
already been paid to the applicant, therefore, no contempt is
made out against the opposite party.
4. Accordingly, the present contempt application is hereby
dismissed.
5. It is also expected from the competent authority to pay
regular pension to the applicant from the month of August,
2024, onward, expeditiously.
Order Date :- 9.9.2024
V. Sinha
Digitally signed by :-
VAISHALI SINHA
High Court of Judicature at Allahabad,
Lucknow Bench
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