Dr. Ajay Choudhary And Others vs Shri R. Chandra Mohan And Others
2001 Latest Caselaw 805 Del

ORDER

Dr. Mukundakam Sharma, J.

1. The subject matter of these contempt petitions being similar I propose to dispose of these contempt petitions by this common judgment/order.

2. The petitioners allege violation of the interim orders passed by this court to be following effect:-

"Till further orders the amount of Rs.500/- in respect of the electricity and water charges will be deducted from the salary and house rent allowance, admissible to the petitioners and nothing beyond the said amount."

3. Counsel appearing for the petitioner during the course of his submissions submitted that the respondents continued to deduct from the salary of the petitioners house rent allowance although they have not deducted the amount of Rs. 500/- in respect of the electricity and water charges and therefore, they have willfully violated the interim orders passed by this court.

4. Counsel appearing for the respondents however, submitted that the petitioners were never paid the house rent allowance and there was no direction of this court in the interim orders to pay the house rent allowance to the petitioners. It is stated that as the scheme envisages for providing free furnished accommodation to the Junior and Senior Resident Doctors with free electricity and water no amount has been deducted in respect of the electricity and water charges inspite of the orders passed by this court. It is stated by the counsel that there is no violation much less willful violation of the orders of this court.

5. The writ petitions in which the aforesaid interim orders were passed, were heard by me and the said writ petitions have been dismissed today by a common judgment/order as having no merit. In the interim orders passed by this court there was no specific direction by this court that the house rent allowance in terms of the Residency Scheme should be paid to the petitioners. The only order that was passed was to deduct an amount of Rs.500/- towards electricity and water charges from the salary of the petitioners. The HRA is an allowance and is not pay in terms of the Fundamental and subsidiary rules.

6. In the facts and circumstances of the case, I am of the considered opinion that no violation much less willful violation of orders passed by this court has been committed by the respondents. No grounds is, therefore, made out by the petitioners for proceeding against the respondents under the provisions of the Contempt of Courts Act. The petitions have no merit and the same are dismissed.