CLCON/94/2019
2021 Latest Caselaw 3827 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
     ON THE 22ND DAY OF SEPTEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          Contempt Petition No. 94 of 2019

BETWEEN:
Dinesh Chandra Chamoli & others... Petitioners
       (By Mr. Pankaj Tangwan, Advocate)



AND:
Ranveer Singh & others                     ... Opposite parties
       (Mr. Pradeep Hairiya, Standing Counsel for the State and
       Dr. K.H. Gupta, learned counsel for opposite parties no. 2
       & 3)


                          JUDGMENT

1. Writ Petition (S/S) No. 1745 of 2012 filed by the petitioners against recovery order was allowed and the recovery order was quashed by applying the law laid down by Hon'ble Supreme Court in the case of State of Punjab Vs Rafiq Masin (White Washer) & others reported in (2015) 4 SCC

334.

2. Alleging non-compliance of the judgment of the Writ Court, this contempt petition was filed.

3. Dr. K.H. Gupta, learned counsel appearing for the opposite party nos. 2 & 3 has made a statement at the bar that in deference to the order passed by Writ Court, no recovery has been made from the petitioners.

4. Since petitioners' writ petition was decided in terms of the judgment rendered in the case of Rafiq Masin (supra), which provides that after retirement, no recovery shall be made from Class-III and Class-IV employee and Dr. K.H, Gupta, appearing for the opposite parties submits that no recovery has been made from the petitioners, therefore, nothing survives in this contempt petition.

5. Accordingly, the contempt petition is dismissed. Notices issued to the opposite parties are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Aswal