Rajendra Prasad Son Of Late Shri ... vs Dr. Subodh Agarwal Additional ...
2022 Latest Caselaw 7332 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

            S.B. Civil Contempt Petition No.312/2022
                                      In
               S.B. Civil Writ Petition No.297/2021

1.   Pushpendra Singh Tulsi Son Of Shri Avtar Singh Tulsi,
     Aged About 74 Years, R/o Flat No.505, Tower No.22 Royal
     Estate    Chandigarh-Ambala             Highway,          Tehsil   Derabassi
     Zirakpur, District Mohali (Punjab)- 140603
2.   Sat Pal Sharma Son Of Shri Brij Lal Sharma, Aged About
     73 Years, R/o 172, Sudarshan Park, Gali No.4, Maqsudan,
     Jhalandhar (Punjab) 140403
3.   Subhash Chand Jain Son Of Shri Shree Pal Jain, Aged
     About 64 Years, R/o 85, Dwarika Dham Colony, Near Toll
     Plaza, Roorkee Road, Siwaya, Meerut (U.p.) 250110
4.   Patel Kumar Verma Son Of Shri Suraj Mal Verma, Aged
     About 72 Years, R/o 80, Mahaveer International Colony,
     Behind Virda Ashram, Sriganganagar (Raj.) 335001
                                                                  ----Petitioners
                                 Versus
1.   Dr.   Subodh     Agarwal        Additional        Chief      Secretary   To
     Government,        Energy        Department,              Government     Of
     Rajasthan, Government Secretariat, Jaipur (Raj.)
2.   Shri Bhaskar A. Sawant Chairman And Managing Director,
     Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Vidyut
     Bhawan, Jan Path, Jaipur (Raj.)
3.   State Of Rajasthan Through Additional Chief Secretary To
     Government,        Energy        Department,              Government     Of
     Rajasthan, Government Secretariat, Jaipur (Raj.)
                                                                ----Respondents

Connected With S.B. Civil Contempt Petition No. 588/2021 In S.B. Civil Writ Petition No.10901/2017

1. Suresh Chandra Mathur Son Of Shri Durga Chand, Aged About 72 Years, R/o 1-Ga-8, Jawahar Nagar, Jaipur (Raj.)-302004

2. Muti Mohammad Khan Son Of Shri Mohd. Mustafa Khan,

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aged about 71 years, R/o Plot No. 57. Dwarikapuri, Goner Road, Behind Bal Aashram, Jaipur (Raj.)

3. S. C. Bhasin Son Of Late Shri Desraj Bhasin, aged about 71 years, R/o House No. 4, Dwarikapuri, Gms Road, Dehradun (Uttrakhand 248001)

----Petitioners Versus

1. Shri Dinesh Kumar Pr. Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Shri Dinesh Kumar, Chairman And Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Vidyut Bhawan, Jan Path, Jaipur (Raj.)

3. State Of Rajasthan Through Pr Secretary To Government, Energy Department, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

----Respondents S.B. Civil Contempt Petition No. 589/2021 In S.B. Civil Writ Petition No.1807/2017

1. Kanhaiya Lal Kalra Son Of Late Shri J.r. Kalra, Aged About 65 Years, R/o Flate No. 453, Block- I, New Generation Apartment, Village Dhakauli, Zirakpur (Punjab.)

2. Rajendra Kumar Saraswat Son Of Shri Chandra Bhan Saraswat, Aged About 66 Years, R/o 44 Ashok Nagar, Agra (Up)- 282002

3. Naresh Kumar Son Of Late Shri Govardhan Das, Aged About 66 Years, R/o Flat No. A-602, Pinnacle Tower Ahinsa Khand-2, Indrapuram, Gaziabad (Up)- 201014

4. Kalimuddin Son Of Shri Mohd. Dadu Ali, Aged About 69 Years, R/o Patiala Palace, Millat Colony, Pelwal Road, Near Union Bank , P/o Pelawal Hazaribagh, Jharkhand-825319

5. Jasvendra Singh Birdi Son Of Shri Balwant Singh, Aged About 71 Years, r/o No. I-3/404, Maya Garden City, Zirakpur, District Mohali (Punjab)-140603

6. Shingara Singh S/o Shri Sardar Ram Singh, (Now Deceased) 6/1. Paramji Kaur W/o Late Shri Shingara Singh, aged about 75 years, R/o House No 836, Sector-78, Sas Nagar

(3 of 7) [CCP-312/2022]

(Mohali). Punjab-160055

----Petitioners Versus

1. Shri Dinesh Kumar Pr. Secretary To Government, Energy Department Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Shri Dinesh Kumar, Chairman And Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Vidyut Bharan, Jan Path, Jaipur (Raj.)

3. State Of Rajasthan Through Pr. Secretary To Government Of Rajasthan., Govt. Secretariat, Jaipur (Raj.)

----Respondents S.B. Civil Contempt Petition No. 590/2021 In S.B. Civil Writ Petition No.9120/2017 Prabhat Narain Singhal Son Of Late Shri Gajendra Narain Singhal, Aged About 74 Years, R/o E-36, Second Floor, Suncity, Sector-54, Gugaon-122011 (Haryana.)

----Petitioner Versus

1. Shri Dinesh Kumar Pr. Secretary To Government, Energy Department Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Shri Dinesh Kumar Chairman And Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Vidyut Bhawan, Jan Path, Jaipur. (Raj.)

3. State Of Rajasthan Through Pr Secretary To Government, Energy Department Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

----Respondents S.B. Civil Contempt Petition No. 311/2022 In S.B. Civil Writ Petition No.956/2021 Shanti Swaroop Sharma Son Of Late Shri Jagannath Sharma, Aged About 76 Years, Resident Of 71, Dhuleshwar Garden, C-

Scheme, Jaipur (Raj.)
                                                                  ----Petitioner
                                   Versus



                           (4 of 7)                                      [CCP-312/2022]


1.     Dr.    Subodh     Agarwal,       Additional       Chief      Secretary    To
       Government,        Energy        Department,              Government      Of

Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Shri Bhaskar A. Sawant, Chairman And Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Vidyut Bhawan, Jan Path, Jaipur (Raj.)

3. State Of Rajasthan Through Additional Chief Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

----Respondents S.B. Civil Contempt Petition No. 313/2022 In S.B. Civil Writ Petition NO.1832/2021

1. Rajendra Prasad Son Of Late Shri Basudeo Prasad, Aged About 69 Years, R/o B-2901, Oberoi Exquisite Tower, Oberoi Garden City, Off. Western Expressway, Goregaon (East) Mumbai-63 (Maharashtra)

2. B.k Thakur Son Of Late Shri R.k. Thakur, (Now Deceased On 12.06.2021) 2/1. Smt Bhawna Thakur W/o Late Shri B.k. Thakur, aged about 73 years, R/o House No. 64, Ground Floor, Shrestha Vihar, East Delhi- 110092

----Petitioners Versus

1. Dr. Subodh Agarwal Additional Chief Secretary To Government, Energy Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. Shri Bhaskar A. Sawant, Chairman And Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam Ltd. Bhawan, Jan Path, Jaipur (Raj.)

3. State Of Rajasthan Through Additional Chief Secretary To Government, Energy Department Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Ajay Gupta, Adv. For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr. Sameer Sharma, Adv.

Mr. Ribhu Dutta, Adv.

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

18/11/2022

Heard the parties.

In Prabhat Narain Singhal Vs. State of Rajasthan & Anr. (S.B.

Civil Writ Petition No.9120/2017) and in other connected writ

petitions, this Court passed following directions in Para-16 of the

judgment dated 08.12.2020:-

"Keeping in view the above, this Court limits the relief to the extent of directing the respondents to make pay fixation as per the last pay drawn and after making fixation of pension and other retiral benefits, the payment of arrears shall be only three years before the date of filing of the respective writ petitions or from the date of demand to the date of writ petitions whichever is lesser, no interest would be payable in the circumstances. However, the difference of amount of gratuity, which shall be payable after fixation under the revised pay, shall be released. The same will also not carry any interest. The compliance of the aforesaid order shall be made within a period of four months from today. If the compliance is not made within four months, the petitioners would also be entitled to receive interest on the arrears from the date of the filing of the writ petitions."

Some other writ petitions brought by other contempt

petitioners were also disposed off in terms of the direction issued

in Para-16 above. Since respondents did not comply with the order

in spirit, all the above contempt petitions have been filed.

Learned counsel for the petitioners submits that the writ

Court had directed payment of arrears only for three years prior to

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date of filing of the writ petition or from the date of demand to the

date of writ petition whichever is lesser. The respondents adopted

different standard in the matter of the different petitioners.

Learned counsel has produced a comparative chart at schedule-1

showing different petitioners individually, along with their date of

retirement, date of demand, date of filing of the writ petitions. The

chart shows that Mr. Prabhat Narain Singhal retired on 31.12.2007

and he put his demand on 31.12.2007, he filed writ petition on

29.05.2017.

Learned counsel for the respondents informs that the

payment has been made counting the arrears of 3 years prior to

filling of the writ petitions which was lesser than the date of

demand, which was the date of retirement in the year 2007.

Identical approach has been adopted for compliance of the order

of the Court in respect of other petitioners.

Learned counsel for the respondents informed that there was

direction for payment of interest if the order is not complied within

a period of four months. To meet the eventuality, the respondents

paid interest at the rate of 6% to those petitioners in whose

respect the order was not complied within four months. In the

aforesaid circumstance, it cannot be said that there was any wilful

disobedience of the order of this Court.

Learned counsel contends that the Court herein in contempt

matters cannot substitute some of the requirements in the order

of the writ Court. To make it more clear, this jurisdiction is always

with the writ Court. If the petitioners are not satisfied with the

calculation of the respondents, it may give rise to other remedy.

However, certainly not for any wilful disobedience of the order of

the Court.

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Learned counsel for the petitioners submits that in the

matter of petitioner Nos.11 to 17 in the chart at schedule-1 no

arrears was paid though they were entitled for three years arrears

from the date of demand.

Learned counsel for the respondents submits that the date of

demand is imaginary one based on the date of retirement. In fact

no demand notice was ever served by petitioners namely Rajendra

Prasad, B.K. Thakur, Shanti Swaroop Sharma, Pushpendra Singh

Tulsi, Satpal Sharma, Subhash Chand Jain and Patel Kumar

Verma. They were paid for three years prior to the writ petition.

Hence, the order of the writ Court was completely complied with.

On careful consideration the Court is of the view that there is

no willful non-compliance of the order of the writ Court by the

respondents.

Hence, all the contempt petitions stand dismissed.

(BIRENDRA KUMAR),J

Ashwani/-55-60

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