Vijay Kumar Sharma v. R.P. Sati
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01.05.2025 + VIJAY KUMAR SHARMA .....Petitioner Through:
Mr.Jai Sahai Endlaw and Mr.Zubin John, Advs.
versus R.P. SATI & ORS.
.....Respondents Through:
Mr.Nirvikar Verma, ASC with Ms.Ranjana Cheema, DD (Legal) for NDMC
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MINI PUSHKARNA NAVIN CHAWLA, J. (ORAL) 1.
This Contempt Petition has been filed by the petitioner complaining of the breach of the Order dated 15.11.2022 passed by this Court in LPA 470/2022 titled New Delhi Municipal Council v. Vijay Kumar Sharma. The said Order reads as under: "1.
Learned Counsel for the Appellant has stated in the open Court that Order dated 02.11.2022 regularizing the service of the Respondent herein and for payment of dues to the Respondent has been passed subject to the final outcome of the instant LPA.
2.
When confronted with the aforesaid situation, learned Counsel for the Respondent prays for four weeks' time to enable the Respondent to join on the post on which he has been regularized and receive all the
consequential benefits.
3.
Time, as prayed for, is granted.
4.
List on 06.03.2023."
2.
It is the complaint of the petitioner that though the New Delhi Municipal Council has paid approximately Rs.52 lacs as the dues owed, the New Delhi Municipal Council has still not paid the interest component, awarded by the learned Single Judge, nor has it paid the other dues apart from the Basic Pay and the Dearness Allowance. 3.
On the other hand, the leaned counsel for the respondents submits that the entire dues, in so far as the old record could be verified, have been paid to the petitioner. He further submits that as far as the interest component and payment of other benefits including HRA, etc. is concerned, the petitioner's claim for the same is also pending in execution proceedings filed by the petitioner before the learned District Judge in EX No.161/2021 titled Vijay Kumar Sharma v. New Delhi Municipal Council.
4.
We have considered the submissions made by the learned counsels for the parties.
5.
As it is not denied that approximately Rs.52 lacs have already been released by the New Delhi Municipal Council to the petitioner and an Execution Petition is also pending before the Competent Court, we would not like to proceed further with our jurisdiction under Article 215 of the Constitution of India. The matter of reconciliation of accounts can be taken up before the learned Executing Court. 6.
We may note herein that as far as the interest component is concerned, as the New Delhi Municipal Council has itself offered to comply with the Order dated 15.11.2022 passed in LPA 470/2022, the
interest component must be released to the petitioner within a period of four weeks from today.
7.
The petition is disposed of accordingly.
NAVIN CHAWLA, J MINI PUSHKARNA, J MAY 1, 2025/sg/SJ Click here to check corrigendum, if any