Contempt petition alleging non-compliance with a pension scheme switchover judgment. Respondents stated most benefits stood released and the rest would follow Government instructions. Petition disposed with liberty reserved for surviving grievances on CPF deductions and arrears.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
COPC No. 332 of 2023 Decided on: 5th September, 2024 _________________________________________________________________ Surat Ram Thakur ....Petitioner Versus Madhu Chaudhary & anr. …Respondents _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua,
1 Whether approved for reporting? ____________________________________________________________ For the petitioner: Mr. Naresh Kaul, Advocate. For the respondents: Mr. Janesh Mahajan, Advocate.
Jyotsna Rewal Dua, Judge
The petitioner alleges violation & disobedience of decision rendered on 02.09.2022 in CWPOA No. 2883 of 2019, as affirmed in LPA No. 57 of 2023, decided on 17.04.2023. Operative part of the judgment reads as under:-
29. Consequently, in view of above, decision of the respondent University in rejecting the claim of the petitioners for switching over from CPF to GPF-cumPension scheme, is quashed and set aside being contrary to the Finance Committee decision duly approved by the Board of the respondent-University.
1 Whether reporters of Local Papers may be allowed to see the judgment?
Petitioners are held entitled to be governed by the Pension Scheme as framed vide Annexure A-24 read with Pension scheme, Annexure A-25 from due dates, with all consequential benefits.”
2. Respondents have filed reply to the Contempt
Petition. During the course of hearing today, learned counsel for the respondents has also placed on record a copy of instruction imparted to him by the respondents on 31.08.2024. On the basis of aforesaid reply and the instructions, learned counsel submits that all benefits payable to the petitioner in terms of the judgment, have been computed. Benefits payable to the petitioner in terms of revision of pay-scale w.e.f. 01.05.2016 to 31.01.2022, are being released in accordance with the applicable Government instructions. But for these benefits, which are being released pursuant to the applicable Government instructions, remaining benefits stand released to the petitioner.
Learned counsel for the respondents, on the basis
of instructions imparted to him, further submits that benefits due and admissible to the petitioner, on the basis of revised pay-scale, including gratuity and pension arrears shall be paid to him in accordance with the applicable Government
instructions.
3. Learned counsel for the petitioner submits that
this petition be though closed, however, petitioner be reserved liberty to seek appropriate remedy in accordance with law for redressal of his remaining grievances, including release of monetary benefits, in terms of revised pay-scale, at an appropriate stage, in case necessity so arises in future, including CPF, the portion of which, according to the petitioner, has been wrongly deducted by the respondent. Whereas, learned counsel for the respondents submits that all payments have been made in accordance with the applicable instructions. Be that as it may.
4. In view of aforesaid submissions and the pleadings of the patties, including the instructions placed on record today, the Contempt Petition is disposed of at this stage. Notices issued to the respondents are discharged. Liberty, however is reserved to the petitioner to seek appropriate remedy in accordance with law, at an appropriate stage, w.r.t. his surviving grievances in respect of alleged wrongful deduction of 10% compound interest by the respondents on CPF and also in respect of non-payment of
arrears on account of revised pension and pay scale, in case
necessity so arises in future.
Pending miscellaneous application(s), if any, also
to stand disposed of.
Jyotsna Rewal Dua Judge
September 5, 2024 R.Atal
1 issue framed by the court
Whether benefits due to the petitioner under the judgment in CWPOA No. 2883 of 2019 have been released, and how remaining grievances should be addressed.
Surat Ram Thakur
Madhu Chaudhary
anr.
Jyotsna Rewal Dua
As recorded by the court registry
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