Dr. Surendra Kumar Gupta & ORS. v. Ashwani Kumar, Commissioner, Municipal Corporation Of Delhi

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1218/2025 DR. SURENDRA KUMAR GUPTA & ORS.

.....Petitioners Through:

Mr. Ankit Bhadoria, Mr. Umesh Singh, Ms. Karishma & Mr. Ashok Nagar, Advs.

versus ASHWANI KUMAR, COMMISSIONER, MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Akhil Mittal, SC MCD with Ms.

Navita Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 12.08.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 11/12 of the Contempt of Courts Act seeks following prayers:- "a.To initiate contempt proceedings against the respondent for having - committed contempt of this Honorable Court by way of Deliberately and intentionally disobeying the order dated to 11.03.2025 as Annexure P1, passed by this Hon'ble Court in writ petition (civil) No. 17591/2024(W.P. (C) NO. 17592/2025, W.P. (C) 17330/2024, W.P.(C) 17340/2024, W.P. (c) 17350/2024,w.P.(C) 17355/2024, W.P. (c) 17358/2024.

b) To punish the respondent for having-committed contempt of this Hon'ble Court.

c) To pass such other and further orders directions as this on Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3.

Learned counsel for the petitioner submits that respondent is in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 11:55:07

violation of the order dated 11.03.2025 passed by Division Bench in W.P.(C) 17350//2024 of this Court in which following directions were passed:-

4. We have held, in the said decision, following our earlier judgment in MCD v Bijender Singh3, that a retired employee who has not been disbursed retiral benefits would be entitled to interest from the date of retirement.

5. As such, we modify the order passed by the Tribunal by holding that the interest at the rate of 7.5% would be reckoned from the date of the petitioners' superannuation, and not from the expiry of three months from the order of the Tribunal, till the date when the principal amount of the retiral dues was/is paid. We clarify that the direction for increase in the rate of interest to 12% p.a., in the event the amount is not/has not been paid before the expiry of six months from the date of the judgement of the Tribunal, stands as it is."

4.

Learned counsel for the respondent, on advance notice submits that the matter is under process and seeks to place on record the compliance affidavit. Let the same be filed before the next date of hearing. 5.

In case of non-compliance, the concerned officer shall remain present in Court on the next date of hearing.

6.

List on 04.11.2025.

AMIT SHARMA, J AUGUST 12, 2025/nk/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 11:55:07