Citation : 2022 Latest Caselaw 2208 P&H
Judgement Date : 29 March, 2022
211 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
COCP-4167-2019
Date of Decision :29.03.2022
Sharanjit Kaur ...Petitioner
Versus
M.S. Nijjar, Registrar and another ....Respondents
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr. Ranjivan Singh, Advocate for the petitioner.
Mr. Ajaivir Singh, Advocate for respondents.
***
B.S. Walia, J. (Oral)
[1] Prayer in the instant petition is for initiating action against
the respondents for intentional and willful defiance of judgment,
Annexure P/1 dated 30.04.2019 in CWP No.11130 of 2019 in case titled
as Sharanjit Kaur vs. Punjabi University and another.
[2] A perusal of order, Annexure P/1 dated 30.04.2019 reveals
that CWP No. 11130 of 2019 was disposed of with a direction to the
Punjabi University, Patiala to pass appropriate order on the claim of the
petitioner(s) for grant of benefit of daily wage service while computing
the qualifying service as well as interest on the delayed release of the
payment keeping in view the law laid down by the Full Bench of this
Court in Kesar Chand vs. State of Punjab andOrs, 1988 (2) PLR 223 as
well as inA.S. Randhawa vs. State of Punjab, 1997 (3) SCT 468 within
three months.
[3] Pursuant to issuance of notice, although short reply was filed
on behalf of respondent No.2, on 08.09.2020, yet today learned counsel
for the respondents has filed reply of Prof. Varinder Kumar Kaushik,
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COCP-4167-2019 [2]
Registrar, Punjabi University, Patiala present incumbent on the post of
Registrar along with Annexure R-1/1 dated 29.06.2020 releasing
payment of Rs.4,62,103/- on account of gratuity vide cheque dated
16.05.2019 and Rs.5,43,650/- on account of leave encashment vide
cheque dated 15.04.2019 (by counting the benefit of daily wage service
while computing qualifying service). The said reply along with
Annexure R-1/1 dated 29.06.2020 is taken on record. Copy thereof
supplied to learned counsel for the petitioner, who states that in the
circumstances, the petitioner does not press the instant petition but liberty
be granted to the petitioner to challenge Annexure R-1/1 dated
29.06.2020 to the extent it does not grant interest to the petitioner on the
delayed release of payment.
[4] In view of Annexure R-1/1 dated 29.06.2020 having been
passed in compliance of order, Annexure P/1 dated 30.04.2019 in CWP
No.11130 of 2019 as well as statement of learned counsel for the
petitioner, no action under the Contempt of Courts Act, 1971 is called for
against the respondents.
[5] Accordingly, the contempt petition is disposed of as not
calling for any action against the respondents under the Contempt of
Courts Act, 1971 while granting liberty to the petitioner as prayed for.
[6] Rule discharged.
(B.S. Walia)
Judge
29.03.2022
'Amit'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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