Priyadarsahn Odak vs State Of Jharkhand
2023 Latest Caselaw 2983 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cont. Case (Civil) No.602 of 2021
                               With
                      I.A. No.6391 of 2021
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Priyadarsahn Odak .......... Petitioner.

-Versus-

1. State of Jharkhand

2. Shri Amit Khare, Secretary (Higher Education), the Ministry of Human Resources, Shastri Bhawan, New Delhi-110001.

3. Prof. K. K. Shukla, Director, National Institution of Technology, Jamshedpur.

.......... Opp. Parties.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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     For the Petitioner :         Mr. Bajrang Kumar, Advocate
     For the UOI          :       Mr. Prashant Vidyarthy, CGC
     For the O.P. No.3 :          Mr. A. K. Mehta, Advocate
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     Order No.07                                       Date: 18.08.2023

1. Let this case be de-tagged from Cont. Case (Civil) No.614 of 2021.

2. The petitioner has filed the present contempt case for initiating a contempt proceeding against the opposite parties for their wilful and deliberate violation of the order dated 14th February, 2020 passed in W.P.(S) No.133 of 2019 and other analogous cases.

3. Learned counsel for the petitioner submits that the present petitioner had not filed any writ petition, however, he has sought pensionary benefits of his father- Late Chandrakant Odak, who happened to be an employee of Regional Institution of Technology, Jamshedpur (as it was then). The main reason for preferring the present contempt case is that the pensionary benefit as was admissible to the petitioner's father in terms with the judgment/order dated 14th February, 2020 passed in W.P.(S) No.121 of 2019 (Mrs. Prabha Mehrotra Vs. Union of India & Ors.) and other analogous cases has not been paid by the opposite party no.3.

4. Mr. A. K. Mehta, learned counsel for the opposite party no.3 refers to the show cause affidavit filed on behalf of the said opposite party on 15th March, 2023 and submits that Rs.22,41,580/- has been calculated by the N.I.T., Jamshedpur under the arrears of triple benefit scheme (pension scheme) admissible to the petitioner's father. However, since the name of the petitioner was not in the service record of Late Chandrakant Odak, the Registrar, N.I.T., Jamshedpur vide letter no.756 dated 22nd September, 2021 has asked him to submit

-2- Cont. Case (Civil) No.602 of 2021

succession certificate, which he has not yet produced and, therefore, the said amount has not been paid to him.

5. Having heard learned counsel for the parties, this Court is of the view that the petitioner has failed to make out any case for initiation of contempt proceeding as against the opposite parties including the opposite party no.3. The present contempt case is, accordingly, dismissed.

6. I.A. No.6391 of 2021 stands disposed of.

(Rajesh Shankar, J.) Sanjay/