Petitioner filed contempt petition for non-compliance of a reinstatement order. Respondent claimed compliance undertaking to issue revised cheque. Court found no willful disobedience and dismissed the petition.
Contempt petition dismissed due to finding of no willful disobedience.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 1989/2017
Vinod Kumar Sharma S/o Shri Manohar Lal Sharma, R/o 1/528, Arawali Vihar, Housing Board, Kala Kua, Alwar
----Petitioner
Versus
Shri Manohar Lal Sharma, Chief Manager, Rajasthan State Road Transport Corporation Rsrtc, Deepo Alwar Distt. Alwar
----Respondent For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) : Mr. Vinayak Joshi
HON'BLE MR. JUSTICE SAMEER JAIN
Order
18/08/2022
“9. The question, now relates to the relief which can be granted to the petitioner. In this regard, this Court finds that the order of dismissal was passed on 10/06/1993 and 24 years have passed by now during pendency of this case. It is settled law that none of the parties should be made to suffer on account of pendency of the case before this Court and considering the same, while directing the petitioner to be reinstated in service with continuity of service and benefits thereto, this Court directs that the pay fixation etc. shall be notional and if the petitioner has attained superannuation during the period, the fixation shall be treated as actual for the purpose of release of pension and retrial benefits which will be made actually to him which includes payment of gratuity also on the basis of last pay which comes on notional fixation of pay and allowances. The compliance of this order
(2 of 3)
[CCP-1989/2017]
be made by the respondents within a period of three months from today.”
(3 of 3)
[CCP-1989/2017]
(SAMEER JAIN),J
JKP/18
Vinod Kumar Sharma
Shri Manohar Lal Sharma
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
