Dismissed

Smt. Kamla Devi and Another v. C.s. Vishwakarma and Another

Uttarakhand HC26 Aug 2019CLCON/165/2014

Case brief

AI extract

What is this about?

Contempt petition filed alleging non-compliance of an order regarding grant of gratuity, pension, and compassionate appointment. The respondent confirmed compliance on most counts and assured decision on compassionate appointment. The contempt petition was dismissed.

What did the court decide?

Contempt petition dismissed; contempt notices discharged; petitioners at liberty to approach appropriate forum if grievances survive.

Smt. Kamla Devi and Another Vs C.s… — Pension and Retirement Benefits | Uttarakhand HC (2019)

¶1

CLCON No. 165 of 2014 Hon’ble Manoj K. Tiwari, J.

¶2

Mr. Yashpal Singh, Advocate, holding brief of Mr. Neeraj Garg, Advocate for the petitioners.

¶3

Mr. Rakesh Thapliyal, learned Assistant Solicitor General with Mr. Pankaj Chaturvedi, Standing Counsel for Union of India.

¶4

Heard learned counsel for the parties.

¶5

This Contempt Petition has been filed alleging willful disobedience of the order dated 25.10.2013 passed in WPSS No. 1688 of 2013. Operative portion of the said order is extracted below:

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“I have considered the submissions of the counsel for the parties and have also gone through the order passed by the Addl. District Judge. I think that the respondent authorities should have no difficulty in releasing the amount due towards husband of the petitioner no.1, therefore, I direct the respondent no.2 to consider and sort out the matter and release the amount as claimed by the petitioner no.1, expeditiously. The respondent no.2 is also directed to consider and take decision on the application of the petitioner for compassionate appointment in accordance with law within a period of three months from the date of production of a certified copy of this order.”

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Mr. C.S. Joshi, Works Manager (Administration), Ordinance Factory, Raipur, Dehradun, who is present in Court today, makes a statement that a sum of ` 3,75,863/-as Gratuity has been sanctioned

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to the petitioners on 05.03.2014 pursuant to the order passed by Writ Court. He further submits that Family Pension has also been released alongwith arrears to the petitioners on 21.05.2017. He further submits that a sum of ` 72,102/- was paid to the petitioners as G.P.F. by cheque dated 26.11.2013. He further submits that other terminal benefits were released to the petitioners prior to passing of judgment. Regarding claim of petitioner no. 2 (son of petitioner no. 1) for compassionate appointment, learned Assistant Solicitor General submits that petitioners’ application was received only on 21.12.2018. He assures the Court that appropriate decision on the said application would be taken in due course of time.

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In view of the statement of learned Assistant Solicitor General, nothing survives in this contempt petition.

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Accordingly, the Contempt Petition is dismissed.

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Contempt notices issued to the opposite parties are hereby discharged. However, petitioners shall be at liberty to approach the appropriate forum, in case any of their grievance still survives.

¶12

Arpan

¶13

(Manoj K. Tiwari, J.) 26.08.2019

Smt. Kamla Devi and Another v. C.s. Vishwakarma and Another

Case brief

What is this about?

What did the court decide?

Smt. Kamla Devi and Another v. C.s. Vishwakarma and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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