CLCON/195/2020 of P K AHLUVALIA Vs AMIT KUMAR SINHA

CLCON No. 195 of 2020

Hon’ble Sharad Kumar Sharma, J.(via Video Conferencing)

Mr. Bhagwat Mehra, Advocate for

the petitioner.

Mr. Rakesh Thapliyal, Advocate for the respondent.

The petitioner has preferred writ petition, being Writ Petition No.511 of 2018, P. K. Ahluvalia vs. State of Uttarakhand and others, wherein, the petitioner, had sought direction for both the respondents i.e. the State of Uttar Pradesh as well as U.P. Hill Electronic Corporation Limited, by way of writ of mandamus for the payment of retiral and other emoluments to the petitioner, including the retiral dues which is payable to him, the relief claimed there in the Writ Petition, was as

under:-

“(i) Issue writ, order or direction in the nature of mandamus directing the Respondents to forthwith release the retiral dues of the petitioner, the details whereof, is given in Para No.8 of this Writ Petition (containing as Annexure No.6 to this Writ Petition).

(ii) Issue writ, order or direction in the nature of mandamus directing the respondents to release the amount of Leave Encashment of 300 days instead of 210 days.

(iii) To issue any other direction or order as this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) To award cost of the present writ petition.”

The Division Bench of this Court, while deciding the aforesaid Writ Petition, by the judgment of 08.01.2020, had issued following directions:

“10. In such circumstances, we consider it appropriate to direct the second respondent to compute the petitioner’s retiral dues, and pay him the computed amount at the earliest and, in any event, within three months from the date of

production of certified copy of this order.

11. With regards the petitioner’s claim for being paid leave encashment for three hundred days, as against the 210 days determined by the respondent, suffice it to permit the petitioner to make representation to the respondent authorities in this regard; and to direct the respondents to consider the same in accordance with law within three months from the date of production of certified copy of this order.”

The petitioner contended that the said direction given therein was not complied with, hence, he has filed the present Contempt Petition on 05.07.2020, on which the notices were issued and today, the matter is listed on an affidavit of compliance which has been filed under the affidavit of Mr. Amit Kumar Sinha, the Managing Director of U.P. Hills Electronic Corporation Limited.

Before initiation of the arguments, the counsel for the respondent have very candidly submitted that, so far as the other benefits are concerned excluding the amount payable towards the leave encashment, rest of the amount has already been released and cheque bearing Cheque No.022439 dated 07.09.2020, for an amount of Rs.26,17,419/- has already been issued in favour of the petitioner. Mr. Rakesh Thapliyal, Senior Advocate submits that, inability to determine, the determination of the leave encashment payable as directed on Para 11 of the said judgment dated 08.01.2020, it could not be made because the documents/records to decide the representation, could not be

provided to them, as the service records were not received, but, apparently after going through an affidavit of compliance this Court is of the opinion that substantial compliance of the remittance of the rest of the dues as directed in Para 10 except leave encashment has already been made.

Mr. Rakesh Thapliyal, Senior Advocate submits that he would be complying the rest of the directions contained in Para 11, very shortly, as soon as records are made available to their office.

The petitioner apprehends that the time period of its payment may be extended to infinity, by the respondents, which would be increasing his apathy. Since, there is substantial compliance and major part of an amount due to them has been remitted and only leave encashment, is to be determined and paid, which the counsel for the respondent submits that he will be considering it very shortly.

However, it is made clear that the

respondent would ensure to take all steps for remittance of the leave encashment as directed by Para 11 of the judgment dated 08.01.2020, within period of four weeks from today, and in case, if the compliance is not made within the said period, it will be open for the petitioner to re-approach the Court by filing recall application limited to that extent.

Accordingly, the Contempt Petition is closed. Notices issued to the respondents is hereby discharged.

(Sharad Kumar Sharma,J.)

03.11.2020