1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.21 OF 2009 IN CONTEMPT PETITION NO.273 OF 2002 Captain (Retd.) Anant Laxman Nikam : Applicant. Versus Union of India and ors. : Respondents. Applicant in person Smt.Neeta V Masurkar with Shri N R Prajapati for the Respondents. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 03, 2009 P.C. 1. The above Civil Application has been filed in Contempt Petition No.273 of 2002 which was dismissed by a learned Single Judge of this Court by order dated 17th June 2003. The contempt alleged was that the Respondents have not complied with the orders passed in the writ petition filed by the Applicant in respect of payment of pension and other amounts due to him when he retired from 2 military service. The said order of the learned Single Judge passed in the above Contempt Petition records that the Respondents have paid the amounts due to the Petitioner i.e the Applicant herein towards his pension and other retirement benefits and, if the Petitioner has any grievance about the scale or the rate at which pensionary or other retirement benefits were payable to him, the contempt petition was not the remedy which could be pursued by the Petitioner. 2. The said matter was again placed before the learned Single Judge on 16th September 2003, when the learned Single Judge observed that no orders are required to be passed for modification of the earlier orders. 3. Thereafter the matter was again placed before brother S.J.Vazifdar, J, who has declined to pass any orders on 6th May 2008. The Petitioner has filed the instant Civil Application on 20th June 2008. 3 4. The instant Civil Application has been filed claiming amount of Rs.58,93,453.10 for the period from 10/3/1992 to 30/6/2003 as arrears of pension together with interest at the rate of 18% from the Defence Ministry Pension Committee as per Allahabad Army Pension Rules. 5. In my view, in the light of the order dated 17th June 2003 passed by the learned Single Judge in the above Contempt Petition, the instant Civil Application, in a dismissed Contempt Petition, is not maintainable. However, the Applicant/Petitioner will be free to pursue his remedies in accordance with law. 6. The above Civil Application is accordingly dismissed. [R.M.SAVANT, J]