Petitioner filed a contempt petition for non-compliance with a 2011 order directing release of family pension. Respondent submitted proof of sanction from 2010. Court closed the case.
Contempt case closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE No.1482 of 2012
Dated: 29-01-2013
Between:
Laxmi Bai. ……Petitioner.
And
S r i T.N.Astana, the General Manager, South Central Railway, Secunderabad.
………Respondent.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH CONTEMPT CASE No.1482 of 2012
ORDER:
This Contempt Case is filed by the petitioner complaining that the respondent failed to implement the order passed by this Court on 5-12-2011, made in W.P. No. 32048 of 2011.
The petitioner filed the Writ Petition No.32048 of 2011, seeking for issuance of Writ of Mandamus declaring the action of the respondent in not releasing the family pension of the petitioner as illegal, arbitrary and against the principles of natural justice.
On 5-12-2011, this Court disposed of the said writ petition and the relevant portion of which reads as under:
“In that view of the matter and having regard to the
facts and circumstances of the case, the respondent is directed to consider the case of the petitioner for releasing the family pension and pass appropriate orders, in accordance with law, within a period of two months, from the date of receipt of a copy of this order.”
In view of the non-compliance of the said order passed by this Court, the present Contempt Case is filed.
Heard the learned counsel and perused the material available on record.
Learned counsel for the petitioner submits that the order passed by this Court on 5-12-2011 in W.P.No.32048 of 2011 has not been complied with. In this view of the matter, he seeks to punish the respondent for non-compliance of the said order passed by this Court.
On the other hand, the learned Standing Counsel for the respondent (Railways) while placing before this Court a copy of letter dated 17-1-2013 issued by the Divisional Office, South Central Railways, Secunderabad, submits that the respondent has complied with the order dated 5-12-2011 passed by this Court in W.P.No.32048 of 2011 and hence, nothing survives in this Contempt Case and therefore, the same may be closed.
It is pertinent to extract the relevant portion of the said letter which reads as follows.
“With reference to your representation regarding grant of Family Pension in your favour, has been examined in detail and competent authority has accorded sanction of Family pension with effect from 11-4-2010.”
Copy of the above mentioned letter dated 17-1-2013 issued by the South Central Railways, Secunderabad is placed on record.
In this background of the matter coupled with the submission of the learned Standing Counsel and also in view of the copy of the proceedings placed before this Court, this Contempt is liable to be closed.
Accordingly, this Contempt Case is closed. No costs.
____________________ Justice G.CHANDRAIAH Dated 29.01.2013. Dvs
HONOURABLE SRI JUSTICE G.CHANDRAIAH
CONTEMPT CASE No.1482 of 2012 Dated: 29-01-2013
Dvs
Laxmi Bai
S r i T.N.Astana
G.CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
