Madhvi Devi Mathur v. Sri Devendra Kumar Pandey, P. C. S. , M. C. /N. A. N. N. , Ald.
2015-07-01
RAN VIJAI SINGH
body2015
DigiLaw.ai
JUDGMENT Ran Vijai Singh, J. Heard Sri P. N.Dwivedi, learned counsel for the applicant and Sri M.N.Singh, learned counsel for the opposite party. 2. This contempt application has been filed for punishing the opposite party for willful disobedience of the order 31.7.2014 as well as the order of correction dated 26.8.2014 passed by this Court in Writ A No. 29058 of 20141 (Raj Bahadur Mathur vs. State of U.P. and others) wherein this Court has observed as under: "In such circumstances, it is directed that the respondent no.3 shall release the family pension of the petitioner with effect from 29.1.2013 and the arrears of the pension from 22.3.2005 till 21.8.2013 will also be paid within three months from the date of production of certified copy of this order. List after expiry of three months." 3. Sri M.N.Singh learned counsel for the opposite party has filed an affidavit of compliance duly sworn by Sri Devendra Kumar Pandey, Municipal Commissioner, Nagar Nigam, Allahabad. In paragraph 5 of the affidavit of compliance it is stated that an amount of Rs. 8,66,503.00 has been released in favour of the applicant vide Cheque No. 055841 dated 19.6.2015. The aforesaid amount includes Rs. 6,84,053.00 towars arrears of pension of the deceased employee for the period from 1.11.2002 to 28.3.2013 and an amount of Rs. 1,82,450.00 towards arrears of family pension for the period from 29.3.2013 to 31.5.2015. In the submission of the learned counsel for the applicant the order of this Court dated 31.7.2014 has been complied with in its letter and spirit. 4. Sri P.N.Dwivedi, learned counsel for the applicant submits that no interest thereon has been paid. In response to the same Sri Singh, learned counsel for the opposite party submits that there is no order to pay interest and the order of this Court against which contempt application has been filed, has been complied with in its letter and spirit. The opposite party has released arrears of pension as well as the family pension to the applicant. 5. From the narration of the above facts it transpires that the orders of this Court dated 31.7.2014 and 26.8.2014 have been complied with in its letter and spirit but a little late.
The opposite party has released arrears of pension as well as the family pension to the applicant. 5. From the narration of the above facts it transpires that the orders of this Court dated 31.7.2014 and 26.8.2014 have been complied with in its letter and spirit but a little late. However, considering the facts and circumstances of the case, I find that no case for punishing the opposite party for willful disobedience of this Courts order 31.7.2014 as well as the order of correction dated 26.8.2014 passed by this Court in Writ A No. 29058 of 20141 (Raj Bahadur Mathur vs. State of U.P. and others) is made out. The contempt application is dismissed. Notice issued to the opposite party is discharged. However, dismissal of this application will not preclude the applicant to claim interest, if she is entitled to against the aforementioned amount, in accordance with law.