Partly allowed

Brij Bhushan Sharma v. Bhupender Kaur Aulakh

Uttarakhand HC15 Nov 2021CLCON/26/2019

Case brief

AI extract

What is this about?

This contempt petition alleged non-compliance with a prior writ order directing grant of pensionary benefits. The Court held it cannot examine the validity of the rejection order under its contempt jurisdiction, marking the petition closed while allowing the petitioner to challenge the rejection elsewhere.

What did the court decide?

Contempt petitions closed. Petitioner granted liberty to file a challenge to the rejection order of 27.12.2018 before the appropriate forum.

Brij Bhushan Sharma Vs Bhupender Kaur… — Contract and Commercial Disputes | Uttarakhand HC (2021)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			CLCON No. 26 of 2019 Hon’ble Man oj Ku m ar Tiw ar i, J.
			Mr. Dinesh Gahatori, Advocate for the petitioner.
			Mr. H.M. Raturi, Deputy Advocate General for the State. Heard learned counsel for the parties. Writ Petition (S/ S) No. 2484 of 2015 filed by the petitioner was disposed of with a direction to the respondents to consider case of the petitioner for grant of pensionary benefits as per letter dated 02.08.2006. Alleging non-compliance of the said order, this contempt petition was filed. A compliance affidavit has been filed by respondent no.2 enclosing therein an order passed by Secretary, Secondary Education on 27.12.2018. By the said order, petitioner’s claim for pensionary benefits has been rejected, on the ground that his case is not covered by the letter dated 02.08.2006, as it, provided for pensionary benefits to Teachers of Government aided institution only, while petitioner served in an un-aided school namely, I.D.P.L Inter College, Veerbhadra, Rishieskh. Since petitioner’s claim for pensionary

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benefits has been considered	and rejected
by a reasoned order and this	Court cannot
go into validity of the or	der rejecting
petitioner’s claim while exercis	ing contempt
jurisdiction, therefore, contem	pt petition is
closed. Contempt notices issu	ed to the
respondents are hereby dischar However, petitioner shall	ged. be at liberty
to challenge the rejection	order dated
27.12.2018 before appropriate	forum.
( Man oj Ku m 15.11. Shubham	ar Tiw ar i, J.) 2021

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Brij Bhushan Sharma v. Bhupender Kaur Aulakh

Case brief

What is this about?

What did the court decide?

Brij Bhushan Sharma v. Bhupender Kaur Aulakh

Case brief

What is this about?

What did the court decide?

What the court decided

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