CLCON/42/2020
2023 Latest Caselaw 754 UK

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                                 CLCON 42/2020
                                 Hon'ble Manoj Kumar Tiwari, J.

None appears for the petitioner. Mr. Pradeep Hairiya, Standing Counsel, for the respondent.

Writ Petition No. 1426 of 2019 (S/S), filed by petitioner, was allowed by coordinate Bench of this Court vide judgment dated 2.11.2019 and respondents were directed to extend benefits of 6th and 7th Pay Commissions to petitioner in the manner the same was granted to him at the time of implementation of 4th and 5th Pay Commissioners.

Alleging non-compliance of the aforesaid judgment, petitioner filed this contempt petition. Respondent has filed compliance affidavit, paragraph 7 of the said affidavit is reproduced below:

"That the contents of paragraph no. 8 of the said affidavit are wrong, false and vehemently denied. True facts have already been stated in detail in the preceding paragraphs and the same are not being reiterated for the sake of brevity. However, it is pertinent to reiterate that the judgment dated 02.11.2029 has already been complied with and a sum of Rs. 28,29,423/- (Rupees Twenty Eight Lakh Twenty Nine Thousand Four Hundred Twenty Three Only), has already been deposited in the Punjab National Bank account of the petitioner, Branch Mayapur, Haridwar on account of arrears of allowances vide cheque number 757710 dated 12.03.2020. Therefore, it is wrong to allege that the deponent is liable for any contempt."

Petitioner has filed rejoinder affidavit, wherein he has admitted payment of the aforesaid amount, however, it is alleged that the judgment of the writ court has not been complied with in letter and spirit, inasmuch as respondent has not supplied any calculation sheet as to how they arrived at the aforesaid amount and honorarium to petitioner is still being paid on the basis of 5th Pay Commission.

Be that as it may, since the benefit of pay revision has been granted to petitioner and arrears have been paid, therefore, this Court is of considered opinion that substantial compliance of aforesaid judgment of the writ court has been done and, hence, no case for contempt is made out against respondent.

Accordingly, contempt petition is closed.

Notice is discharged.

However, petitioner is granted liberty to approach the appropriate forum for redressal of his grievances, which, according to him, still persists.

(Manoj Kumar Tiwari, J.) 22.3.2023 Pr