Disposed

Nazmul Husain and Anr. v. L.N. Mantri

Rajasthan HC21 May 2019WCP/128/2013

Case brief

AI extract

What is this about?

In a writ contempt petition regarding non-payment of full pay benefits, the Court held that while corrigendum orders were passed, consequential orders for revised pay scale fixation, pension benefits, and monetary disbursement are necessary. Orders were directed to be issued with payment due within two months.

What did the court decide?

Petition disposed. Respondent directed to pass consequential orders for pay fixation and pension benefits and disburse payments due within two months.

Nazmul Husain and Anr. Vs L.N. Mantri — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Contempt No. 128/2013

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Nazmul Hussain s/o Late sh. Noormohammedji, Aged about 63 years, B/c Musalman, R/o 12/Mahawatwadi, Near Gangaur Ghat, Udaipur

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Rajshree Rana Widow of late Shri D.N.S. Rana, B/c Rana, R/o District Udaipur

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----Petitioner

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Versus

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Himmat Singh Bhati, Authorised Officer, Mohan Lal Sukhadiya University, Udaipur (Rajasthan)

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----Respondent

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For Petitioner(s) : Mr. Harish Purohit For Respondent(s) : Mr. Bhanu Pratap Bohra

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HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA

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Order

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21/05/2019

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The Court has heard learned counsel for the parties.

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The petitioners’ surviving grievance is that despite orders of the Court which were upheld right upto the Supreme Court, full pay benefits have not been given.

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The respondent counters the allegations of contempt to submit that the orders were issued on 20.01.2011, appropriately correcting an earlier office order and allowing the petitioners UGC pay scale of ₹700-40-1100-50-1300, w.e.f. 01.09.1976 with actual cash payment from 01.04.1980. It is also submitted that the subsequent order of 16.05.2011, allowed the petitioners the pay scale in question w.e.f. 01.09.1976.

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This Court is of the opinion that although the respondent has complied with by issuing the corrigendum and orders dated 20.01.2011 and 16.05.2011, nevertheless, full compliance would necessitate passing of consequential orders, fixing the petitioners

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(2 of 2)

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[WCP-128/2013]

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in the subsequent revised pay scales and fitting them at the appropriate stages and also dealing with other consequential benefits, including differential pay fixation of revised pension and grant of monetary benefits in actual terms. Appropriate orders shall be issued and payments due, if any, on account of differential amounts shall be disbursed within two months from today.

¶20

In case the petitioners have any grievance with respect to manner of compliance of these consequential benefits, it is open for them to agitate the same in appropriate substantive proceeding.

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The contempt petition is disposed of accordingly.

¶22

(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ

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23-MohitTak/-

Nazmul Husain and Anr. v. L.N. Mantri

Case brief

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Nazmul Husain and Anr. v. L.N. Mantri

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