1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 130/2006 IN WRIT PETITION NO.2254/2003 (Chandra Prakash Singh Vs. State of Maharashtra & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : Smt. Vasanti A. Naik, J. DATED : 17 th APRIL, 2008. Heard Shri Shinde for the petitioner, and Shri Kankale, A.G.P., for the respondents. By this petition, the petitioner seeks action against the respondents for flouting the undertaking given by the respondents to the Division Bench of this Court on 29/6/2004 in Writ Petition No. 2254/2003 and also for non-compliance of the order dated 11/1/2002 passed by the Tribunal in Original Application No. 221/2000. It appears that the Maharashtra Administrative Tribunal, by the order dated 11/1/2002 disposed of the O.A. No. 221/2000 filed by the petitioner in view of the concession given by the learned Presenting Officer, and directed the respondents to implement the seniority list within a period of six months. The Original Application was 2 disposed of on the aforesaid terms. Since the respondents had not passed any specific order in terms of the order passed by the Maharashtra Administrative Tribunal on 11/1/2002, the petitioner moved the contempt petition before the Maharashtra Administrative Tribunal which was numbered as C.P No. 1016/2002. The Maharashtra Administrative Tribunal directed the respondent- Authority to implement the seniority list and pass an appropriate order within a period of four months from 27/11/2002. The respondents challenged the orders passed by the Maharashtra Administrative Tribunal on 11/1/2002 and 27/11/2002 in Writ petition No. 2254/2003. It appears that the Division Bench of this Court had not granted any stay in favour of the petitioner in the aforesaid writ petition. A civil application bearing No. 2727/2004 was moved by the petitioner for seeking direction to the respondents to release the pay and pensionary benefits to the petitioner. The Division Bench of this Court held that it was not necessary to pass any specific order on the civil application as the present respondents were required to take appropriate steps in view of the directions given by the Tribunal at its earliest. It is the case of the petitioner herein that the respondents have not taken any action in terms of the order passed by the Maharashtra 3 Administrative Tribunal as also the Division Bench of this Court on 29/6/2004 and hence the instant petition was filed. It is submitted on behalf of the respondents by the learned Assistant Government Pleader that after the disposal of the earlier Original Application by the Maharashtra Administrative Tribunal, the petitioner filed yet another Original Application bearing No. 591/2003 seeking deemed date of promotion with effect from 1974 in stead of 1/5/1977. It is further submitted on behalf of the respondents that the Original Application is still pending before the Maharashtra Administrative Tribunal. It is in this background that the respondents had granted provisional pension to the petitioner and the petitioner is receiving provisional pension every month. It is further submitted on behalf of the respondents that the seniority list is also implemented in terms of the order passed by the Maharashtra Administrative Tribunal, in the year 2002. It is stated by the respondents in the affidavit-in-reply that the solemn statement made on behalf of the respondents and recorded in the order dated 29/6/2004 has also been complied with and no case is made out by the petitioner for initiating any action for contempt against the respondents. Though it is submitted that some of the 4 monetary benefits are not yet released in favour of the petitioner, it is not in dispute that the Original Application filed by the petitioner and bearing number 591/2003, is pending before the Maharashtra Administrative Tribunal and the issue involved in the said Original Application pertains to grant of deemed date of promotion. It cannot be said that the monetary benefits were payable to the petitioner by considering his deemed date of promotion with effect from the year 1974 in stead from 1/5/1977. It is a matter of record that the writ petition filed by the respondents bearing No. 2254/2003 is pending before the Division Bench of this Court and the Original Application No. 591/2003 is also pending before the Maharashtra Administrative Tribunal. Hence the question of the grant of deemed date of promotion to the petitioner from a particular date is still subjudice and in view of the pendency of the matter, it cannot be said that the petitioner should be granted monetary benefits by considering his deemed date of promotion from the year 1974 itself. For the aforesaid reasons, proceedings against the respondents are hereby dropped. Contempt petition is dismissed with no order as to costs. JUDGE