Ms. A. Debbarma vs Mr. D. Sarkar
2021 Latest Caselaw 655 Tri

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                     HIGH COURT OF TRIPURA
                       _A_G_A_R_T_A_L_A_
                        Cont.Cas(C) No.27 of 2021
For Petitioner(s)         :     Ms. A. Debbarma, Advocate.
For Respondent(s)         :     Mr. D. Sarkar, Advocate.

      HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
                                ORDER

01.07.2021

Petitioner had filed WP(C) No.403 of 2020 which was

disposed of by a judgment dated 18.12.2020 directing the respondents to

release the post retiral benefits of the petitioner which have been withheld

by the respondents. The grievance of the petitioner is that despite the time

limit granted by the Court for taking such steps having expired so far no

amount has been paid.

Learned counsel for the respondents submitted that the writ

petition was disposed of ex parte without service of notice to the

respondents. In any case, the respondents have filed writ appeal against the

said judgment of the High Court.

The record would suggest that the petitioner retired in April,

2016 and so far he has not received any post retiral benefits. These benefits

were withheld on account of departmental proceedings and his conviction

in a criminal case. The departmental proceedings have been set aside by the

High Court and in criminal case the petitioner has been acquitted by the

Sessions Court in appeal. Further, as stated by the counsel for the

respondents though the writ appeal was filed in the month of April, 2021,

the same has not been moved for hearing. If the respondents were of the

opinion that proper service of notice was not affected before disposal of the

petition, easiest thing for them was to file a review petition which has also

not been done.

Under the circumstances, list this contempt petition on 15th

July, 2021 to enable the respondents to pursue the writ appeal or any other

remedy that may be available in law. However, in the meantime, the

respondents shall without fail pay a sum of Rs.50,000/- to the petitioner

which would be subject to adjustment and subject to outcome of the writ

appeal.

(AKIL KURESHI), CJ

Dipesh