Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4916 of 2009 Petitioner :- Nanhey Respondent :- Alok Ranjan, Secretary Local Bodies And Others Petitioner Counsel :- Viqar Ahmed Ansari Hon'ble Vikram Nath,J.
Heard the learned counsel for the applicant.
According to the learned counsel the applicant retired as Safai Karamchari
from the Nagar Nigam, Allahabad on 31.5.1989. As he was not being paid the
post retiral benefits and pension etc. he filed a writ petition before this Court
being Writ Petition No.26444/09. An interim order was passed in the said
petition on 21.5.2009 directing the respondents either to pay the admissible
dues with permissible interest within a period of two months or to show cause
within the same period by filing counter affidavit. It was further provided in
the order that in case the cause is not shown, the respondent nos.2 and 3 i.e.
the Municipal Commissioner and the District Magistrate, Allahabad shall
remain present before this Court. In Paragraph 11 of the affidavit, filed in
support of the applicant, it has been stated that till date i.e. 21.12.2009, the
date of swearing of the affidavit, no counter affidavit had been received by the
learned counsel for the applicant. It is further submitted that neither the
pension nor post retiral benefit has been paid till date.
Issue notice to Opposite Parties No.1 to 3 fixing 1.2.2010. On the said date in
addition to the Municipal Commissioner and the District Magistrate,
Allahabad the Secretary, Local Bodies i.e. all the opposite parties shall remain
present before this Court. It is only that if any amount is really due to the
applicant and the same is paid to the applicant on or before the next date that
the personal appearance of the Opposite Party No.1 shall not be necessary. In
any case the respondent nos.2 and 3 shall remain present.
The office my send a copy of this order along with the notice.
Order Date :- 4.1.2010
pk