Arun Singh Thakur vs Smt. Mamta Singh
2022 Latest Caselaw 6423 Chatt

                                      1

                                                                  NAFR


     HIGH COURT OF CHHATTISGARH, BILASPUR

                            MCC No. 432 of 2022

   • Arun Singh Thakur S/o Late Dukhharan Singh Aged About 46
     Years R/o Village - Chhoti Koni, Daihanpara Behind Petrol Pump,
     Police Station - Koni, Tahsil And District - Bilaspur, Chhattisgarh.

                                                         ---- Petitioner

                                Versus

   • Smt. Mamta Singh W/o Shri Arun Singh Aged About 41 Years R/o
     Behind Sharda Gas Agency, Kapil Nagar, Sarkanda, Police
     Station - Sarkanda, District : Bilaspur, Chhattisgarh

                                                       ---- Respondent



     For Petitioner               :       Shri Arvind Shrivastava,
                                          Advocate

     For Respondent              :        Shri Sushobhit Singh,
                                          Advocate


                  Hon'ble Shri Justice Goutam Bhaduri

             Hon'ble Shri Justice Radhakishan Agrawal

                          Judgment on Board


Per Goutam Bhaduri, J.

20/10/2022

Heard.

1. The present MCC has been filed by the husband/

appellant being aggrieved of clause 4 of the settlement

and interpretation of it in the decree passed on

20.04.2018.

2. Clause 4 of the settlement reads as under :-

"4. That, 2nd party is in government job of care

take and posted at Chhattisgarh Bhawan, Bilaspur. It is

agreed between the parties that enhancement of 50%

will take place in every 2 years. Further Rs. 6,000/-

monthly maintenance will be deducted from the salary

of the 2nd party and it will be transfer in the account

number 3058131406 State Bank of India, Sarkanda

Branch Bilaspur, of 1st party and to give this effect the

2nd party will move an application along with the order

of Hon'ble Court and along with the copy of this

agreement before the responsible officials of his

department i.e. Public Works Department."

3. Learned counsel for the appellant submits that if

such interpretation is given then when the appellant

retires in the year 2038 his salary would be 41,800/- and

maintenance amount would be 36,000/- which is not the

spirit of the object of the settlement, therefore, the

enhancement of 50% was meant only on increment

which is added to the salary.

4. Learned counsel for the respondent submits that

enhancement of 50% should not be only on the

increment amount but also on Dearness Allowance

(DA). He further submits that respondent may also be

given liberty to move suitable application when the

basic salary would enhance.

5. Considering both the submissions made the order

dated 20.04.2018 is clarified to the extent that the

appellant shall pay an amount of Rs. 6,000/-

maintenance to wife Smt. Mamta Singh and son Prince

Singh Thakur and apart from that enhancement of 50%

shall be only on the increment and further enhancement

of 50% over the DA as and when it is granted. It is

further observed that the respondent/ wife shall be

entitled to move suitable application if so advised as and

when the basic salary is also increased.

6. With the above observation, the MCC is disposed

off.

                 Sd/-                               Sd/-


        (Goutam Bhaduri)            (Radhakishan Agrawal)

         Judge                                         Judge


Jyoti