Court found that the respondent substantially complied with the earlier writ order by remitting various retiral benefits and arrears, though some discrepancies existed. Dismissed the contempt application and discharged the notice.
Contempt application dismissed; Notice issued to opposite party discharged.
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Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 902 of 2018
Applicant :- Usha Bunkar Opposite Party :- Shri Harendra Singh Cheif Executive Officer Counsel for Applicant :- Ramesh Chandra Singh,Narayan Dutt Shukla,Rahul Kumar Singh Counsel for Opposite Party :- Shakti Dhar Dube
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of the order dated 01.03.2017 passed by this Court while deciding Writ A No. 44835 of 2013 (Usha Bunkar vs. General Officer, Commanding-in-Chief, Central Command & 2 Others). The operative part of the order of the writ Court is as under :-
"In such view of the matter, notice of retirement retiring the petitioner at the age of 60 years as per CFS Rules is not sustainable in the eyes of law and is hereby quashed. In so far as the payment of arrears of salary is concerned, in the light of observations of Hon'ble Apex Court in paragraph 49.1 in the case of Dayanand Chakrawarty (supra)m which provides that the employees including the respondents, who moved before a court of law, irrespective of the fact whether interim order was passed in their favour or not, shall be entitled for full salary, it is hereby provided that the petitioner, even if no interim order was passed, but since she has approached this Court before the date of retirement, she would be entitled to entire arrears of salary up to the age of superannuation i.e. 62 years till the end of academic session as applicable under the provisions of the educational laws.
With the aforesaid observations, present writ petition stands allowed. No order as to costs."
In the compliance affidavit it is stated that two years' salary was paid to the petitioner by cheque dated 11.10.2018 amounting to Rs. 10,44,135/-. It is stated in the supplementary compliance affidavit that a sum of Rs.3,47,378/- was paid to the applicant on 05.12.2018 towards session benefit. It is further stated in the compliance affidavit filed on 15.06.2019 that in compliance of order passed in the instant contempt application on 28.05.2019, a sum of Rs. 2,54,939/- has been sent to the applicant towards leave encashment, Rs. 6,38,742/- towards provided fund. It is also urged that
arrears of pension amounting to Rs.3,60,630/- was also remitted by cheque along with covering letter dated 11.06.2019. The gratuity amounting to Rs.3,71,925/- was remitted on the same date by another cheque no. 952042. The cheques were sought to be handed over to the applicant through the staff court clerk on 11.06.2019. However, the applicant was not found at her residence as she had gone to Mumbai.
Shri Shakti Dhar Dube, learned counsel for the opposite party states that these amounts have been deposited in the account of the applicant as per instructions received by him. He further submits that as far as promotional payscale is concerned, it is not payable to any employee until and unless it is sanctioned by GOC-in-C, Central Command, Lucknow. Thus, according to him although there was no direction for payment of retiral benefits but even the same have been paid to the applicant.
A counter affidavit has been filed by the applicant alleging that the amount paid is not correct and certain amount still remains unpaid towards arrears of salary/provident fund and other retiral benefits.
This Court after going through the affidavits filed by the opposite party, is of the considered opinion that substantial compliance of the order of the writ Court has been made by him. In case any grievance is left regarding any shortfall in the amount of retiral benefits or arrears of salary, it shall be open to the applicant to take recourse to legal proceedings. However, there is no good ground to proceed any further in the present contempt proceedings. Notice issued to the opposite party is accordingly discharged.
The contempt application is consigned to record. Order Date :- 27.9.2019 VR
(Manoj Kumar Gupta, J.)
1 issue framed by the court
Whether the respondent has substantially complied with the earlier writ order regarding retirement benefits.
Usha Bunkar
Shri Harendra Singh
Manoj Kumar Gupta
As recorded by the court registry
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