Kamla Pandey vs Dharmanand Sharma

Manoj Kumar Tiwari, J

In sequel to the order dated 30.12.2020, Mr. Dharmanand Sharma, Executive Officer, Nagar Palika Parishald, Khatima, District Udham Singh

Nagar is present in Court today.

Writ Petition (S/S) No. 314 of 2020, filed by the petitioner was disposed of with the following direction:-

“Since the controversy in question involves a factual determination about the impact of pending enquiry on the entitlement of post-retiral dues to the

petitioner, it would be in the interest of justice that this writ petition be disposed of with a direction to the respondent no. 2 to consider and take an

appropriate decision on the representation submitted by the petitioner on 22.01.2020 raising claim for the payment of post-retiral dues and do the

needful provided; there is no other legal impediment as such against the petitioner. The decision on the representation of the petitioner would be taken

by respondent no. 2 within a period of six weeks from the date of production of certified copy of this order.

The writ petition stands disposed of accordingly.â€​

Mr. C.K. Sharma, learned counsel appearing for opposite party has drawn attention of this Court to order dated 02.05.2020 passed by opposite

party, which is enclosed as Annexure-4 to the Contempt Petition.

A perusal of the said letter indicates that opposite party has expressed his helplessness in releasing the retiral dues to the petitioner, in view of the

instructions received from the State Government.

Since the only direction to the opposite party was to take decision on petitioner’s representation and the opposite party has taken a decision on

2.05.2020, therefore, this Court finds that this is not a case of wilful disobedience of the order of this Court.

In such view of the matter, Contempt Petition is closed.

Contempt notice issued against respondent is hereby discharged.

Learned counsel for the petitioner submits that the order passed by the opposite party is bereft of reasons. If petitioner is not satisfied with the order

passed by opposite party, then he shall be at liberty to challenge the same before an appropriate forum.