Court No. - 27 Case :- SERVICE BENCH No. - 262 of 2005 Petitioner :- Hari Bhanu Singh Respondent :- State Of U.P. Handloom Corporation Ltd. Thro Chairman & Anr Petitioner Counsel :- R R Mishra Respondent Counsel :- Manish Kumar Hon'ble Devi Prasad Singh,J.
Hon’ble Vedpal,J.
While filing short counter affidavit, the then Senior Manager(Legal), had
given an undertaking that as and when the fund is received from the
Government, the post retiral dues shall be paid to the petitioner. The
petitioner retired in the year 2003 but till date he has not been paid his post
retiral dues.
Submission of petitioner’s counsel is that after filing of short counter affidavit
in March, 2005, funds were received but petitioner has not been paid his
dues till date in terms of the undertaking given before this Court.
Once affidavit is filed and an undertaking is given, then priority should have
been given to the petitioner for payment of dues in terms of undertaking over
and above other expenditure and non compliance of undertaking amounts to
contempt of this Court.
Therefore, Managing Director, U.P. State Hand-loom Corporation Ltd. is
directed to apprise the court about the amount received by the U.P.
Handloom Corporation after filing affidavit in March, 2005 and shall show
cause as to why priority has not been given for payment of dues in terms of
undertaking given before this Court. He shall file his personal affidavit within
one week.
List on 25.8.2010.
Order Date :- 12.8.2010
Tripathi