Chhaya Srivastava v. Ram Hajur Prasad, Dios, Deoria
2016-01-12
SURYA PRAKASH KESARWANI
body2016
DigiLaw.ai
JUDGMENT Surya Prakash Kesarwani, J. Heard learned counsel for the applicant. 2. By order dated 17.09.2015 passed in Writ-A No.53297 of 2015 filed by the applicant, the writ Court directed as under : "Heard Sri Ashok Kumar Srivastava, learned counsel for the petitioner and Sri K.R. Singh, learned Standing Counsel for the respondents. This writ petition has been filed seeking a direction in the nature of mandamus commanding the respondents to pay the pension and post retiral benefits due since 30.06.2015 as the petitioner retired from service on the same date. In respect of his claim, the petitioner is stated to have preferred a representation dated 14.08.2015 before the respondent no. 2-District Inspector of Schools, Deoria by registered post of the same date, copy of which has been filed as Annexure-5 to the writ petition but it is stated that no order has been passed thereon. No useful purpose would be served in keeping the petition pending. This writ petition is therefore disposed of with the consent of learned counsel for the parties with a direction to the respondent no. 2-District Inspector of Schools, Deoria to decide the pending representation dated 14.08.2015 in accordance with law within a period of two months from the date a certified copy of this order is received in his office. The petitioner shall also provide a copy of the representation dated 14.08.2015 along with certified copy of this order to respondent no. 2. It is made clear that the Court has not adjudicated the claim of the petitioner on merits." 3. Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party by registered post dated 01.10.2015 but the opposite party has wilfully not complied with the order and thus has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act 1971. 4. Considering the facts and circumstances of the case one more opportunity is afforded to the opposite party to comply with the aforesaid order of the writ Court within a further period of two months from the date of production of a certified copy of this order. 5. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application if the order is not complied with by the opposite party.