In a civil contempt petition regarding non-compliance with an order to award family pension, the Court found that pension and other dues had been paid, dismissing the petition as devoid of force.
Petition dismissed; notices to the parties discharged.
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S.B. CIVIL CONTEMPT PETITION NO.274/2012
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R IN
S.B. CIVIL CONTEMPT PETITION NO.274/2012 IN S.B. CIVIL WRIT PETITION NO.701/2009 [Smt. Jhajhan @ Jhanjo Vs. Shri V.S. Singh & Ors.]
Date of Order : 22.09.2014
HON'BLE MR. JUSTICE ALOK SHARMA
None present for the petitioner. Mr. N.K. Bhatt, Addl. G.C. for the State. BY THE COURT
Non-compliance of the order dated 25.04.2011, passed by this Court has been alleged in this contempt petition. Thereunder this Court has observed as under :
“Consequently, the writ petition succeeds and is hereby allowed. The respondents are directed to compute family pension and other retiral benefits of her late husband on the basis of service which he rendered from 20.09.1976 till 23.03.2006 and after due computation of arrears towards family pension and other retiral dues shall be paid to the petitioner within a period of three months. However, it will be subject to adjustment and final outcome of civil second appeal (185/08) preferred by State of Rajasthan. No costs.”
Reply to the contempt petition has been filed. It has been submitted that in compliance with the order dated 25.04.2011, passed by this Court, the payment of GPF amount i.e. Rs.1,40,499/- was already made to the petitioner in the month of January, 2007. Further the amount of leave encashment
S.B. CIVIL CONTEMPT PETITION NO.274/2012
(2)
of Rs.56,027 has been paid to the petitioner in the month of April, 2012. Similarly, in compliance with order in issue pension has been granted to the petitioner on 17.04.2012. Hence compliance with the order dated 25.04.2011, passed by this Court, having been made, no contempt as alleged in this petition is made out, submitted the Additional Government Counsel.
In view of the reply to the petition, it is apparent that compliance with the order dated 25.04.2011, passed by this Court has been made. The contempt petition is hence without force.
Dismissed. Notices discharged.
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
2 issues framed by the court
Whether the contempt petition is maintainable in light of compliance with the earlier order regarding pension and retiral benefits.
Whether any relief is due in the present contempt petition.
Smt. Jhajhan @ Jhanjo
Shri V.S. Singh & Ors.
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
