Smt Pista vs The State Of Madhya Pradesh
2021 Latest Caselaw 2716 MP

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                  HIGH COURT OF MADHYA PRADESH
                           CONC.No.1357/2020
           (Smt. Pista Vs. Smt. Rashmi Arun Shami & Others)

Gwalior, Dated : 26.06.2021

         Shri Rajendra Singh Dhakar, learned counsel for the petitioner.

         Shri Ayush Chourasia, learned counsel for the respondents no.2

and 3.

Heard through Video Conferencing.

The Contempt Petition under Sections 10 and 12 of the

Contempt of the Court Act 1971 read with Article 215 of the

Constitution of India alleging violation of directions of the order dated

26.06.2014 passed by the Hon'ble Court vide order dated 26.06.2014 in

W.P.No.4122/2006.

Learned counsel for the petitioner submits that the present

contempt petition has been filed alleging violation of directions in the

order dated 26.06.2014 passed by the Hon'ble Court in

W.P.No.4122/2006 whereby the writ petition was disposed of with the

following directions:-

"On the basis of aforesaid analysis, the order Annexure P-1 to the extent the intervening period is treated as 'dies non' is set aside. The respondents are directed to pay salary and other consequential monetary benefits to the widow for the intervening period. The pension and other retiral dues be also recalculated and arrears arising thereto be paid to the widow. The entire exercise be completed within 90 days from the date of communication of this order."

HIGH COURT OF MADHYA PRADESH CONC.No.1357/2020 (Smt. Pista Vs. Smt. Rashmi Arun Shami & Others)

Heard on I.A.No.2561/2021, application for exemption of

payment of cost.

Learned counsel for the respondents No.2 and 3 submits that he

has filed the complete compliance report. In this connection, the

answering respondent has not made any intentional and willful

violation of any directions contained in the judgment dated 26.06.2014

passed in W.P.No.4122/2006. It is submitted that the respondent no.3

namely Shri Deepak Pandey has joined the office as District Education

Officer, Shivpuri only on 13.07.2020. The answering respondent has

received notice in the present contempt petition on 11.09.2020 and

accordingly, on 15.09.2020 opinion of Additional Advocate General

was sought and the matter of the petitioner was sent to the higher

authorities on 17.09.2020 to take necessary action and provide

approval for payment of dies non period. The reminder letters were

sent to Higher Authorities on 01.10.2020, 15.10.2020 and 06.11.2020.

Thereafter, the order was passed by the State Government, Department

of School Education on 09.11.2020 (Annexure R/1 and R/2).

Accordingly, payment of Rs.5,55,531/- was made on 12.11.2020 and

Rs.46,518/- on 13.11.2020 to the petitioner towards payment of arrears

towards salary (Annexure R/3). The revised PPO (Annexure R/4) was

also issued by the District Pension Officer on 24.11.2020. The District

Pension Officer vide its letter dated 18.01.2021 has forwarded the

HIGH COURT OF MADHYA PRADESH CONC.No.1357/2020 (Smt. Pista Vs. Smt. Rashmi Arun Shami & Others)

petitioner's matter for payment of arrears of Pension to the concerned

bank i.e. State Bank of India, Narwar (Annexure R/5). However, as the

payment was not made by the concerned bank, the respondent no.3

vide its letter dated 25.02.2021 has directed the Block Education

Officer, Narwar to ensure payment of arrears of pension to the

petitioner through concerned bank. The District Education Officer vide

its letter dated 10.03.2021 has requested the State Bank of India to

make payment to the petitioner. The request to State Bank of India,

Govindpuri, Bhopal was also made by the District Pension Officer vide

its letter dated 15.03.2021 for making payment to the petitioner. The

State Bank of India, Govindpuri, Bhopal has sought information

through e-mail to the respondent authority to provide details of account

number and other information of the pensioner on 17.03.2021, which

was duly provided through e-mail and also through post on the very

same day i.e. 17.03.2021. Again on 05.04.2021 and 06.04.2021,

reminder letters were mailed to the State Bank of India to make

payment of arrears to the petitioner. The concerned Bank i.e. State

Bank of India vide its e-mail dated 09.04.2021 has informed the

answering respondent about the payment of arrears of pension on

12.04.2021 and thereafter, in compliance of directions passed by the

Hon'ble Court, the payment of the arrears of pension is duly made by

the concerned bank to the petitioner on 12.04.2021.

HIGH COURT OF MADHYA PRADESH CONC.No.1357/2020 (Smt. Pista Vs. Smt. Rashmi Arun Shami & Others)

In view of the above stated facts and circumstances, learned

counsel for the respondents no.2 and 3 prays for that the respondents

may be exempted from payment of costs of Rs.50,000/- as the delay in

making compliance of directions of the Hon'ble Court is neither

intentional nor deliberate but due to the facts mentioned above and to

drop the present contempt proceedings and dispose the petition in the

prevailing circumstances.

Learned counsel for the petitioner has fairly admitted that the

compliance of the order has been made by the respondents.

Considering the statement made by the counsel for the petitioner

as well as considering the submissions made by the respondents no.2

and 3 and Annexures R/7 and R/8 , the contempt petition is disposed

of. Rule nisi is discharged.

As far as the cost is concerned, the order was passed by this

Court in the year 2014. The matter was kept pending with the

authorities for 6 years and it is only when the contempt proceedings

were initiated, the authorities woke from this slumber and has made the

payments to the petitioner. The State authorities cannot say that the

delay is on the part of bank in making the payments. Revised PPO was

issued in the month of November, 2020. Thus, the cost is rightly

imposed upon the authorities, the same be paid within a period of 15

days from today as directed in the earlier order dated 09.04.2021 in

HIGH COURT OF MADHYA PRADESH CONC.No.1357/2020 (Smt. Pista Vs. Smt. Rashmi Arun Shami & Others)

which the direction was given to the respondents no.2 and 3 to deposit

the cost of Rs.50,000/- in the Registry of this Court, out of which, an

amount of Rs.30,000/- would be payable to the applicant.

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge

AK/-

ANAND KUMAR 2021.06.30 10:45:44 +05'30'