R.A. Rai vs Mrs. Rashmi Arun Shami
2022 Latest Caselaw 1641 MP

                                                                      1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                     BEFORE
                                                         HON'BLE SHRI JUSTICE SHEEL NAGU
                                                            ON THE 4th OF FEBRUARY, 2022

                                                 CONTEMPT PETITION CIVIL No. 1970 of 2020

                                             Between:-
                                             R.A. RAI S/O LATE SHRI D.RAI , AGED ABOUT
                                             67 YEARS, OCCUPATION: RTD. PRINCIPAL,
                                             ORDINANCE         FACTORY       KHAMRIYA
                                             EMPLOYEES      EDU.    SOCIETY,    HIGHER
                                             SECONDARY SCHOOL KHAMRIYA, R/O H.NO.
                                             1192, DR. SHYAMA PRASAD MUKHERJI
                                             WARD, KHANCHGHAR, NAI BASTI DISTT.
                                             (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                             (NONE )

                                             AND

                                    1.       MRS. RASHMI ARUN SHAMI PRINCIPAL
                                             SECRETARY DEPTT, OF SCHOOL EDUCATION
                                             MANTRALAYA, VALLABH BHAWAN BHOPAL
                                             DISTT. (MADHYA PRADESH)

                                    2.       MR. SUNIL KUMAR NEMA DISTRICT
                                             EDUCATION       OFFICER     JABALPUR
                                             DISTT.JABALPUR (MADHYA PRADESH)

                                    3.       MRS.USHA           CHOUDHARY        THE
                                             AD M I N I S TR ATOR ORDINANCE   FACTOR
                                             KHAMARIA         EMPLOYEES    EDUCATION
                                             SOCIETIES HIGHER SECONDARY SCHOOL
                                             KHAMARIA (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                             SMT. GULAB KALI PATEL, LEARNED COUNSEL FOR
                                             RESPONDENT NO.2 .
                                             SHRI RAMLALA SHUKLA, LEARNED COUNSEL FOR
                                             RESPONDENT NO.3.
                                                         (Heard through Video Conferencing)
                                           This petition coming on for admission this day, the court passed the
                                    following:
                                                                       ORDER

Present contempt petition alleges non-compliance of final order passed on 24.11.2017 in W.P. No.16177/2016, whereby following directions have been passed:-

Signature Not Verified "Considering the aforesaid stand of parties, this petition is SAN

Digitally signed by SATEESH KUMAR SEN Date: 2022.02.05 11:34:59 IST

disposed of by permitting the members of the petitioner association to put forth his individual claim in the light of the judgment passed by the Gwalior Bench in the case of Braj Vihari (supra). If their claims are identical as per the judgment passed in Braj Vihari (supra), the respondents shall extend similar benefits to those members of petitioner's association. If for

any reasons, members are not entitled for benefits of gratuity, a reasoned order be passed and communicated to the such members.

It is observed that if claim with the aforesaid judgment is placed by the members of petitioner's association before the respondents then the respondents shall consider and decide the same within six weeks from the date of receipt of such claim.

With the aforesaid observation, the petition is disposed of."

Pursuant thereto a representation was preferred by petitioner on 13.07.2020 vide Annexure C/3 which was decided and rejected by the District Education Officer, Jabalpur by order dated 23.02.2021 vide Annexure R/1.

Though compliance has been shown, but with considerable delay as time period fixed for compliance was of six weeks from the date of receipt of representation. Compliance herein has been made after nearly 6 to 7 months of filing of representation, and therefore, this Court is though not inclined to proceed ahead with this contempt petition, and drops rule nisi against the respondents, but imposes cost of this litigation upon respondent No.2, which is quantified at Rs.5,000/- to be deposited by digital transfer in the bank account of petitioner within 30 days.

Accordingly, contempt petition stands disposed of. Rule nisi stands dropped.

Signature Not Verified (SHEEL NAGU) SAN JUDGE Digitally signed by SATEESH KUMAR SEN Date: 2022.02.05 11:34:59 IST

Sateesh

Signature Not Verified SAN

Digitally signed by SATEESH KUMAR SEN Date: 2022.02.05 11:34:59 IST