CLCON/213/2021
2021 Latest Caselaw 2902 UK

  IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
         ON THE 6th DAY OF AUGUST, 2021
                         BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       CONTEMPT PETITION NO. 213 OF 2021


BETWEEN:
     Saruli Devi                            ....Petitioner
     (By Mr. T.P.S. Takuli, Advocate)



AND:
     Sri P.S. Rawat & Others               ......Respondents
     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)


                      JUDGMENT

Writ Petition (M/S) No. 384 of 2021 filed by petitioner was disposed of in terms of judgment rendered in WPMS No. 294 f 2015. Relevant extract of the judgment rendered in WPMS No. 294 of 2015 is extracted below:-

"9. In the present case, the date is artificial and arbitrary and against the spirit of helping the martyrs' families. The State of Uttarakhand contributes maximum number of Army, Air Force and NAVY personnel.

10. Accordingly, the writ petition is allowed. Impugned order dated 21.5.2014 (Annexure No.6) is quashed and set aside.

11. Though, there is no specific challenge to the cut-off date, but since the Court is dealing with the case of a war widow and to do the complete justice, the Court reads down the G.O. dated 5.3.2014 and declares that the same shall apply retrospectively covering the cases of all the army widows/parents for ex gratia payment to

mitigate the hardships faced by them. The case of petitioner be considered within six weeks from today."

2. This contempt petition was filed alleging that the respondents have flouted the order passed by writ court by not taking any decision on petitioner's claim.

3. A response affidavit has been filed on behalf of respondent no.2. In the said affidavit, an order dated 25.03.2021 has been brought on record. Perusal of the said order indicates that petitioner's claim was considered and rejected, based on a Legislation known as 'Uttarakhand Martyr's Dependent Ex-Gratia Grant Act, 2020'.

4. Learned counsel for the petitioner submits that the respondents are in contempt, inasmuch as, despite positive direction issued by writ court, they have dared to reject petitioner's claim for grant of ex- gratia amount.

5. This court is not impressed by the submission made on behalf of the petitioner. Since, the respondents have rejected the petitioner's representation, therefore the validity of the order of rejection cannot be gone into under contempt jurisdiction.

6. In such view of the matter, contempt petition is closed. Contempt notices issued to the respondents are hereby discharged. However, petitioner shall be at liberty to approach the appropriate forum challenging the order dated 25.03.2021.

(MANOJ KUMAR TIWARI, J.) Nahid