Civil contempt petition alleging disobedience of a writ order directing refixation of pension and payment of arrears. Authorities revised pay and credited arrears; the court found substantial compliance and dropped further proceedings, with liberty to challenge the calculation of arrears.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
CIVIL CONTEMPT PETITION NO.100296 OF 2023
BETWEEN:
PRF. NARAYAN S/O. KRISHNA MARATHE, AGE. 68 YEARS, RETIRED PRINCIPAL
RPD COLLEGE, RESIDING AT III CROSS, BHAGYA NAGAR, BELGAUM 590006.
…COMPLAINANT
(BY SRI. RAGHUVEER SATTIGERI AND SRI. CHETAN MUNNOLI, ADVOCATES)
AND:
Digitally K MSOMASHEKAR signed by K MSOMASHEKARDate:2024.01.17 15:29:35 +0530
NC: 2024:KHC-D:801-DB CCC No. 100296 of 2023
THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION, BANGALORE.
…ACCUSED
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE A1 TO A5)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO EXERCISE ITS JURISDICTION UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT AND TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT BY VIOLATION OF ORDER DATED 11.10.2022 PASSED IN W.P.NO.112604/2022 AND PUNISH THE ACCUSED NO.1 TO 4 FOR GROSS DISOBEDIENCE OF THE ORDER DATED 11.10.2022 PASSED BY THIS HON’BLE COURT IN W.P.NO.112604/2014 AND PASS SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, S G PANDIT J., PASSED THE FOLLOWING:
ORDER
The complainant is before this Court complaining disobedience of the order dated 11.10.2022 passed in WP No.112604/2014.
2. This Court in the above said order, after quashing the impugned communication dated 29.1.2014 directed respondents No.1 to 4 to refix the pension of the petitioner by reckoning service rendered by him from 16.6.1969 till he
attained the age of superannuation and pay the arrears of pension and pensionary benefits to the petitioner.
3. Heard the learned counsel for the complainant and learned Government Advocate for respondents/accused, perused the contempt petition papers.
4. Learned Government Advocate would submit that the accused have filed a memo dated 1.12.2023 enclosing a copy of order dated 19.10.2023 passed by the Regional Joint Director, Collegiate Education, Dharwad, revising pay and Communication dated 26.10.2023 of the Accountant General, revising pension and pensionary benefits.
5. Memo dated 12.01.2024 is filed to the effect that arrears of pension is credited to the complainant’s account in pursuance of the order passed by the authorities. Thus, we are of the view that there is substantial compliance and accordingly, contempt petition would no more survive for consideration.
6. Learned counsel for the complainant seeks liberty to challenge the calculation made by the respondents/accused
NC: 2024:KHC-D:801-DB CCC No. 100296 of 2023
insofar arrears of pension and pensionary benefits are concerned.
7. Further proceedings are dropped, with liberty to the complainant to challenge the order insofar as calculation of arrears of pension etc.
Sd/JUDGE
Sd/JUDGE
JTR
LIST NO.: 1 SL NO.: 12
1 issue framed by the court
Whether the accused made substantial compliance with the order dated 11.10.2022 directing refixation of pension and payment of arrears.
2 provisions across 2 enactments
Prf. Narayan S/o Krishna Marathe
Shri S.R. Umashankar
Ms. Smita Gopal
Dr. S B Appaji Gowda
State of Karnataka
S G Pandit
K V Aravind
As recorded by the court registry
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