1 S/2 S.B. CIVIL MISC. CONTEMPT PETITION NO.282/2006. IN S.B. CIVIL WRIT PETITION NO. 1679/1993 Rajasthan Rajya Vidhyut Mandal Sewa Niwrat Karamchari Sangh Vs. Srimant Pandey & Ors. ... Date of Order :: 16th November 2007. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. P.K. Lohra, for the petitioner. Mr. M.S. Singhvi with ] Mr. Manish Patel and ], for the respondents. Mr. A. Rajpurohit ] Mr. Ravi Bhansali ] Mr. S.M. Toshniwal for] Mr. N.M. Lodha, Additional Advocate General. .... BY THE COURT: By filing this contempt petition on 17.10.2006, the petitioner Association has referred to an order passed by this Court in writ petition No.1679/1993 on 02.05.1997 as affirmed by the Hon'ble Division Bench in SAW No.1301/1997 on 10.08.1998; and it is alleged that despite clear verdict, no steps were taken by the non-petitioners/contemnors to allow the fruits (relating to pensionary benefits) contemplated under the said order to the members of the petitioner Association and then, a contempt petition was filed, being S.B. Misc. Contempt Petition No.220/1997 wherein the learned Single Judge of this Court on 01.03.2006 directed the non-petitioners/contemnors to 2 implement the judgment in relation to the 14 members of the petitioner Association within two months but not beyond. It is stated that after disposal of the said contempt petition, the non- petitioners/contemnors were apprised about the directions and they were called upon to allow pensionary benefits to the alive members of the petitioner Association but the genuine request of the petitioner Association was not paid any heed to and no steps were taken by the non-petitioners/contemnors to implement the directions; that the petitioner Association got served a notice on 04.07.2006 but, in spite of service of notice, no steps have been taken by the non-petitioners/contemnors. Notices on this contempt petition were issued to the respondents on 15.11.2006 to show cause as to why contempt proceedings be not initiated against them. Appearance was put on behalf of the respondents on 05.04.2007 and thereafter the matter was adjourned for some time. However, on 17.05.2007, it was stated on behalf of the respondent No.1 that the contempt proceedings have been stayed by the Division Bench of this Court in D.B. Civil Special Appeal No.970/2007 (DRJ) on 16.05.2007 and, therefore, at request, the proceedings in this contempt petition were adjourned; and the matter was ordered to be placed in the second week of August 2007. The matter was thereafter taken up by this Court yesterday, i.e., 15.11.2007, when a photostat of the order passed 3 by the Hon'ble Division Bench on 16.05.2007 was placed for perusal before the Court; and for further consideration, the matter was ordered to be placed today. A perusal of the order dated 16.05.2007 makes out that the Hon'ble Division Bench has stayed the portion carrying substantive directions in the order dated 01.03.2006, in relation whereof a grievance has been made in this contempt petition that the respondents have not proceeded to implement the same. It has been pointed out by the learned counsel appearing for the parties that since after passing of the order dated 16.05.2007, the Hon'ble Division Bench has considered the application moved by the appellants Rajasthan Rajya Vidhyut Prasaran Nigam Limited and Jodhpur Vidhyut Vitaran Nigam Limited seeking condonation of delay in filing the appeal; and the Hon'ble Division Bench has been pleased to condone the delay in filing the appeal. It has further been stated by the learned counsel for the parties that to their impression the Hon'ble Division Bench has also ordered the said appeal to be placed for final disposal at admission stage. It appears from a conjoint reading of the aforesaid orders dated 02.05.1997, 10.08.1998, 01.03.2006 and then the Division Bench order dated 16.05.2007 that the rights of the said 14 members of the petitioner Association to be allowed the retiral benefits at par with other employees is at present in dispute and 4 the matter is subjudice before the Hon'ble Division Bench in the aforesaid appeal, that is said to have now been registered at regular number as SAW No.806/2007, with the interim order operating at present on the substantive directions as made in the order dated 01.03.2006. In this fact situation, it cannot be said at this stage and at this juncture that the non- petitioners/contemnors are at deliberate and willful disobedience of the requirements of the order passed against them. In the aforesaid view of the matter, this Court is clearly of opinion that though earlier proceedings in this contempt petition were adjourned while recording the statement that the proceedings have been stayed by the Division Bench but now, when it transpires that not these contempt proceedings, but the substantive directions issued on 01.03.2006, forming the very basis of this contempt petition have been stayed by the Hon'ble Division Bench, there appears no justification to continue with these contempt proceedings any further. These contempt proceedings cannot be proceeded further fundamentally for the reason that the matter is not only subjudice before the Hon'ble Divison Bench, there is an interim order operating and in the face of existing interim order, it cannot be said at this stage that the respondents are guilty of deliberate and willful disobedience of the orders made against them. Ultimately, the rights of the parties now are to be settled with the 5 final verdict in the litigation that remains, at present, pending in intra-court appeal stage before the Hon'ble Division Bench. It goes without saying that if finally implementable and executable orders, if any, are made against the respondents of the writ petition and are not complied with, or if there be any other legitimate grievance available for the petitioners, dropping of these contempt proceedings shall not be of any impediment for them to take resort to appropriate remedies in accordance with law. With the observations aforesaid, these contempt proceedings are dropped and notices are discharged. The contempt petition stands rejected. (DINESH MAHESHWARI), J. Mohan/