Kedari Lal Vaishya vs The State Of Madhya Pradesh
2021 Latest Caselaw 3491 MP

                                  1                             CONC-1488-2020
           The High Court Of Madhya Pradesh
                     CONC-1488-2020
               (KEDARI LAL VAISHYA Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 20-07-2021
      Heard through Video Conferencing.

      Shri Devesh Sharma, learned counsel for petitioner.
      Shri Milan Kumar Singh Tomar, learned counsel for respondent No.1.

Present contempt petition alleges disobedience of the order passed by this Court on 08.02.2020 in WP 10238/2018 whereby following directions

have been issued:-

"This petition is filed by the petitioner complaining that he has not been paid interest at the rate of 12 % per annum on the delayed payment of arrears of difference of Gratuity and pension. The petitioner has placed reliance on the judgment in State of M.P. Vs. R.K. Joshi reported in 2000 (I) MPHT 206 and prayed that a direction be issued to the respondents to make the payment of interest @ 12 % per annum on the delayed payment of arrears of difference of Gratuity and pension. Learned Govt.

Advocate submits that the if case of the petitioner is required to be considered in the light of the judgment of R.K. Joshi (supra) the same shall be considered and this petition may be disposed of.

Accordingly, this petition is disposed of and as agreed, respondents shall consider the case of the petitioner in the light of the judgment of R.K. Joshi (supra) and shall pass appropriate orders in accordance with law. This petition stands disposed of accordingly."

Respondent No.1 has filed compliance report on 14.07.2021 accompanied with the order dated 07.07.2021 of the State and the consequential order dated 08.07.2021 of Executive Engineer, PHE Satna 2 CONC-1488-2020 granting interest of 12%.

Though directions of this Court did not contain any specific time frame for compliance but the reasonable time frame can very well be presumed to be about six months.

The compliance has been made after nearly one year and five months

of the passing of order. The petitioner has been unnecessarily dragged to this Court by compelling him to file this contempt petition.

Though rule-nisi is discharged and contempt proceedings are dropped but respondent No.1 is directed to pay cost of this litigation which is quantified at Rs.5000/- (Rs. Five Thousand Only) to be paid digitally in the bank account of petitioner within one month and compliance report be filed, failing which this petition be listed as PUD for execution.

                (SHEEL NAGU)                               (DEEPAK KUMAR AGARWAL)
                   JUDGE                                                JUDGE
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2021.07.22   ojha
10:46:22
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