Dismissed

Radhey Shyam Meena v. Mrs Veenu Gupta and Others

Rajasthan HC9 Sept 2014CCP/1441/2012

Case brief

AI extract

What is this about?

The court dismissed a contempt petition alleging non-compliance with a prior order directed to a government employee. The respondents produced orders sanctioning leave, pay fixation, and arrears, claiming substantial compliance. The court accepted this and dismissed the petition, while directing the payment of pending interest within six weeks.

What did the court decide?

Contempt petition dismissed; interest to be paid to the petitioner within six weeks.

Radhey Shyam Meena Vs Mrs Veenu Gupta and Others — Service and Employment | Rajasthan HC (2014)

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S.B. CIVIL CONTEMPT PETITION NO.1441/2012

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(1)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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O R D E R

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S.B. CIVIL CONTEMPT PETITION NO.1441/2012

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IN S.B. CIVIL WRIT PETITION NO.1879/2011

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(Radhey Shyam Meena Vs. Smt. Veenu Gupta & Ors.)

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Date of Order :

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09.09.2014

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HON'BLE MR. JUSTICE ALOK SHARMA

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None present for the petitioner. Mr. Lokesh Katara, OIC, for the respondents. BY THE COURT

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Contempt of the order dated 12.03.2012, passed by this, has been alleged in this petition. Therein this Court had directed as

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under :

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“The writ petition and stay application, filed therewith, stand disposed of with a direction to the respondents to regularize the leave period of the petitioner from 08.12.1993 to 08.05.1994 as leave without pay, but, at the same time, this period will not be treated as break in the service. Petitioner shall be fixed in the revised pay scales from time to time and benefits of increments from stage to stage and he shall be paid all arrears with interest thereon at the rate of 6% p.a. Compliance of the judgment be made within a period of three months.”

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Reply to the contempt petition has been filed. It has been submitted that in compliance with the directions aforesaid issued by this Court, the Director Secondary Education, Rajasthan Bikaner, vide order dated 04.12.2013 sanctioned extraordinary leave to the petitioner for the period from 08.12.1993 to 08.04.1995 (total 152 days) without pay in terms of the Rule 96 of the Rajasthan Service Rules. The copy of the order dated 04.12.2013 has been annexed to

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(2)

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S.B. CIVIL CONTEMPT PETITION NO.1441/2012

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the reply to the contempt petition as Annexure-R/1. It is submitted that thereafter, the petitioner's pay fixation under the revised pay scale rules was done and all the benefits thereunder have been sanctioned. After fixation of the petitioner under revised pay scale rules, arrears due were calculated as Rs.27,24,414/- and after statutory deductions, a net amount of Rs.24,81,214/- was found payable to the petitioner. It is submitted that bill of arrears have been prepared vide bill No.40 dated 05.12.2013 and the same has already been sent to the Treasury for depositing the same in the petitioner's Bank account. The photo copy of the Bill No.40 dated 05.12.2013 has been annexed to the reply to the contempt petition as Annexure-R/3. It has been submitted that the sanction for interest as directed by this Court has yet to be received. Even the calculation has already been done, but the same will be paid within six weeks.

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From the facts on record, substantial compliance with the order of this Court has been made with an undertaking of full compliance, hence no contempt of court can be made out.

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For reasons of the reply to the contempt petition, it is manifest that no contempt of court is made out.

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Contempt petition is Dismissed. Notices discharged.

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However, it is directed that the interest as directed by this Court be paid to the petitioner within six weeks from today. If not so paid, the petitioner will be at liberty to revive this contempt petition.

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(ALOK SHARMA), J

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.

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MS/-

Radhey Shyam Meena v. Mrs Veenu Gupta and Others

Case brief

What is this about?

What did the court decide?

Radhey Shyam Meena v. Mrs Veenu Gupta and Others

Case brief

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What did the court decide?

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