Bhagirath Mal Mahal S/O Shri Jay ... vs Nathmal Dadel, Managing Director ...
2023 Latest Caselaw 6461 Raj/2

[2023:RJ-JP:32971]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Contempt Petition No. 98/2023

                                            In

                     S.B. Civil Writ Petition No.3132/2021

Bhagirath Mal Mahal S/o Shri Jay Kishan, Aged About 63 Years,
R/o Adarsh Colony, Near Gayatri Girls Hostel, Nawalgarh Road,
Sikar District Sikar (Raj.)
                                                                         ----Petitioner
                                        Versus
Nathmal      Dadel,      Managing         Director,       Rajasthan      State    Road
Transport Corporation Parivahan Marg, Chomu House, Jaipur
(Raj.).
                                                                       ----Respondent

For Petitioner(s) : Mr. Laxmikant Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

03/11/2023 This contempt petition has been filed alleging wilful

disobedience of the order dated 20.04.2021 passed by this Court

whereby, the writ petition filed by the petitioner was disposed of

with a direction to the corporation to pay the post retiral benefits

as per the date of retirement and as per the scheme framed by

this Court as and when his turn comes for consideration of grant of

such benefits.

Learned counsel for the petitioner admits that he has been

paid all other retiral dues barring allowances/interest component.

He, therefore, prays that the respondent may be directed to purge

the contempt and he may also be punished suitably.

[2023:RJ-JP:32971] (2 of 2) [CCP-98/2023]

Heard. Considered.

While deciding the writ petition filed by the petitioner vide

order dated 20.04.2021, this Court issued following direction:

"This Court disposes of the present writ petition with an observation that RSRTC will take up the case of the petitioner for considering to grant him post retiral benefits as per date of retirement and as per scheme framed by this Court. This Court deems it proper to direct the RSRTC-Corporation that due payment to the petitioner, will immediately be made as and when his turn comes for considering grant of such benefits. Accordingly, the present writ petition stands disposed of."

It is apparent from the aforesaid direction that the petitioner

was to be paid post retiral benefits as per the scheme framed by

this court as and when his turn comes for consideration of grant of

such benefits. As per the scheme framed by this Court for grant of

retiral benefits, a person retiring prior in time was to be extended

benefits first than the person retiring later on. The contempt

petition is bereft of any allegation that person(s) retiring after the

petitioner has been paid post retiral benefits breaching the priority.

In view thereof, no contempt is made out. The contempt

petition is dismissed.

(MAHENDAR KUMAR GOYAL),J

Sudha/46

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