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Ayub Khan v. Arvind Kumar Singh, Nagar Aayukta N.Nigam Kanpur Nagar & Anr - CONTEMPT APPLICATION (CIVIL) No. 4041 of 2005 [2007] RD-AH 3042 (23 February 2007)


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    Court No.24

Civil Misc. Contempt Petition No.4041 of 2005

Ayub Khan.........................................................................Applicant


Shri Arvind Kumar Singh,

Nagar Nigam, Kanpur and others...........................Opposite Parties.



    Hon'ble Tarun Agarwala, J.

The matter was taken up today. Sri Raghvendra Vikram Singh, Sri Badal  Chattejee, Sri P.N.Singh and Sri Shobh Nath Bind are present in the Court. An affidavit on behalf of Sri P.N.Singh has been filed today, which is taken on record.

A perusal of the affidavit indicates that pension for the month of December 2006 alone has been released and that the arrears of pension from August, 2006 onwards till January 2007 has not been cleared barring the month of December 2006. Consequently, the order of the Court dated 1.2.2007 and the earlier orders have not been complied with by the respondents. Apart from the fact that the opposite parties have been summoned for the alleged contempt of various orders of the Writ Court, they are now in contempt again of the order of this Court dated 1.2.2007, for which a separate charge would be framed at an appropriate moment of time. The learned counsel for the Nagar Palika Sri U.N. Sharma as well as Sri Vijai Bahadur Singh,  submitted that the Nagar Nigam has no fund to pay the current pension as well as arrears of pension to its retired employees. Sri Vijai Bahaur Singh submitted that this arrears of pension can be cleared from the amount of Rs.10 crores which has been deposited  by the State Government, pursuant to the earlier order passed by this Court.

This Court had also directed the parties to address the Court with regard to grant of financial assistance to be given by the State Government and, on this question, the learned counsel for the opposite parties prayed for an adjournment in order to address the Court. The prayer is accepted and the matter would be listed again on 22.3.2007, on which date, the Court will consider the question as to whether the State Government is required to give a grant/financial assistance to the Nagar Nigam. Sri C.B.Yadav, the Chief Standing Counsel will also address the Court on this issue. It is only after this issue is settled that the Court will consider the question of releasing Rs.10 crores which had been deposited by the State Government.

Annexure 3 to the affidavit filed by the  opposite parties indicates that 5 properties belonging to the Nagar Nigam could be sold as they are unproductive assets. Sri U.N.Sharma, the learned counsel for the opposite parties has submitted that necessary permission has been obtained by the State Government for the sale of these properties on 16.1.2007. The modalities for the sale of unproductive assets will also be considered on the next date. The State Government may consider the question as to whether the State Government would be in a position to purchase these/properties of the Nagar Nigam, as mentioned in Annexure 3 to the affidavit. This would avoid the procedure of selling it by an open auction.

Sri U.N.Sharma, the learned counsel further submitted that counter affidavit to the contempt petition Nos.3277 of 2006, 4911 of 2006, 4484 of 2006 and 3187 of 2006 have been filed. The learned counsel for the applicants may file a rejoinder affidavit on or before the next date. The learned counsel for the Nagar Nigam has also submitted that a sum of Rs.1 crore as directed by this Court has been deposited and the balance amount in the Retirement Fund Account as on 17.2.2007 is Rs.2.65 crores. The affidavit of Nagar  Nigam indicates that 101 employees for the period 1999-2003 and for the year 2006, 15 employees have yet to be paid the post retirement dues. The Nagar Nigam should make every effort to clear the dues to these employees and submit a fresh report on the next date with regard to the payment of dues of these employees who have retired between the period 1999 to 2003 and to those employees who retired in the year  2006. A fresh statement of account of the Retirement Fund Amount shall be furnished on or before the next date. List on 22.3.2007.

Allegations have been made that the Nagar Nigam is paying certain amounts to fictitious persons. In view of the aforesaid, I direct that all payments from now onwards shall be paid by cross account payee cheques/pay order/bank draft to the retired employees.

Since I have held that the payment of pension has not been cleared and the opposite parties were Incharge during that period, consequently, the submission of the opposite parties that their presence may be dispensed with, is rejected. The opposite parties are required to be present in person on the next date, i.e., on 22.3.2007.




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