"'m '<-^>-. ^. r *i-. ff .'?"-?*. IN THE HIGH COURT OF JUDICATURE AT BILASPUR(CG) Conteca.pt Petition No. ^-i- Of 2008 ( Ariging out of order dated 26.6.2006 passed in WP No. 59'f5/1998 ) PETITIONER RESPONDENTS CONTEMNOR S R.A.Deshpandey S/oLate Shri A.R. Deshpandey, aged about 78 years , Residentof Shyamnagar, Raipur, District Raipur (CG). Versus : 1. Mr. J.N.Kansotiya, Secretary, Tribal Welfare Department, Mantralay Bhopal (MP). ^ ^.."r^'2. Mr. O.P.Rawat, ^.lU' Principal Secretary .i^O .••°' Tribal WeUare Department, Bhopal , :'\ 3. Mr. Sudesh Kumar, Corainissioner, Tribal Welfare Department, Bhopal (MP). CONTEMPT PETITION UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMFT OF COURT ACT. •"^•;w.^-f',. "''.< '".'"•: ' ':\ •i'- ' y '; •f: HIGH COURT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble Shri Manindra Mohan ^hrivastava, J, PETITIONER RESPONDENTS CONTEMPT PETITION N0.22/2008 R.A. Deshpandey Versus Mr. J.N. KansoUya and two others CONTEMPT PEriTION UNDER ARTICLE 215 OF THE CONSrTUTION OF INDIA READ WITH SECTION 12 OF THE CQNTHVIPT OF COURTS ACT Present: - Smt. Renu Kochar, counsei for the petiiioner. None for the respondents, even tn the second round. ORAL ORDER (Passed on 19th of July, 2011) This contempt petition has been fiied by the petitioner aiieging wiiiful disobedience of order dated 26/6/06 passed in W.P.No.5975/98. 2. Learned counsel for the petitioner submits that ttie order of compuisory retirement passed against the petitioner was quashed by this Court holding that the petitioner is entitied to all benefits, pecuniary and otherwise, flowing from the quashing of the orcter of retirement dated 8/10/1984. The pension of the petitioner has not been re-fixed and revised in comptiance of order of the Court and the petitioner has been gwen only a part or consequentiai benefits in the shape of arrears of saiary, in respect of ihe period from 1984 tilt his age of superannuation. Learned counset for the petitioner further submite that the case of the petitioner was sanctioned by the State of Madhya Pradesh with a direction to grant him aii consequentiat benefits. However, on account of missing of original service book, which was sent to the office of the Accouniant Generai of Madhya Pradesh at Gwalior, the matter has been detayed. Learned counsei for o the petitioner also draws attention of this Court to memo dated %01/09 issued by Tribai Development, Jabalpur to the District Treasury Oificer (Pension) Jabaipur wherein it has been stated that a duplicate service book is being forwarded for due approvat and disposal of petitioner's pension case. 3. By the order passed by the Division Bench of this Court on 26/6/06 in W.P.No.5975/98, the order of compulsory retirement passed on 8/10/84 and order dated 1/9/98 passed by the Tribunai has been set aside and fte petitioner has been dectared entitled to ail benefits, pecuniary and otherwise flowing from the quashing of the order dated 8/10/84. Therefore, ttie petitioner is entitled to all consequential benefits. From the documents which have been placed on record by the petitioner as aiso averments made in the reply and documents annexed thereto, it is found that on 28/2/08 the State of M.P. in the department of Tribal Development issued an order in compiiance of ihe order passed by the Court to the effect that the petitioner is entitted to grant of all the benefrts inciuding pay in compliance of the order passed, subject to the Special Leave Petition which may be preferred. However, there is no document on record nor any averment made to show that after the order passed by this Court in the writ petition, any orders have been passed by the respondents. The order only shows that the Government contemplated to nie Speciai Leave Petition. Therefore, in the absence of there being any order by the Apex Court, the order of the Court is required to be fully compiied with. In affidavit dated 19/10/08, it has been stated by respondent No.1 that the records of the petitioner are being scrutinized and the efforts are being made to pay the entire due at the eariiest On 6W2/09, an afRdavit in compliance of the order passed by this Court has been fiied in which, it has been stated that arrears of pay to the petitioner have been paid and <? received by the petitioner. it has aiso been stated in the affldavit that as far as revision of pension is concemed, the case has been forwarded to ttie District Treasury Ofricer (Pension), Jabaipur vide memo dated 12/12/08 which was retumed with an objection. Thereafter, pension case of the petitioner was forwarded to the Accountant General of Madhya Pradesh, Gwalior. The petitioner has piaced on record, memo of Collector, Jabaipur addressed to the Accountant General (Pension) Gwalior, M.P., which shows that the petitioner's case for revision of pension has been forwarded to the Accountant Generai. Another memo dated 23/1/10 of the office of ihe Coilector, Tribal Development, Jabalpur has been placed on record, which shows that the District Treasury OfRcer (Pension),Jabalpur has been apprised regarding payment of arrears of pay and also a dupiicate service book has been prepared and being forwarded for necessary action and disposal of petitioners pension case. 4. From the reply and documents which have been placed on record, it is reveaied that as far as respondents herein are concerned, thev have taken all possible steps towards compiiance of the order of the Court but it appears that due to non-finalisation of petitioner's case at the end of Districi Treasury Officer (Pension), Jabaipur, the pension case of the petitioner is not being revised. It is clear from memo dated 23/1/2010 ofthe Assistant Commissioner / office ofthe Collector, Tribal department, Jabaipur. As the writ petition of the petitioner has been ailowed and he has been declared to all benefits, pecuniary or otherwise, fiowing from the quashing of order of retirement dated 8/10/1984, the petitioner is entitled to various benefits. Therefore. ail those functionaries who are responsible for taking steps are required to pass necessary orders including order with regard to revision of petitioner's case of pension. From the material which are availabte on record and submissions made by learned counsel for the peUtioner, it is clear that because of the inaction on the part of District Treasury Officer, jabalpur, the matter relating to finatization of the pension case has remained pending though dupUcate service book has been forwarded by the office of the Collector, Jabaipur vide 23/1/2010. The concerned officer namely District Pension Officer is under obligation to take appropriate steps and expedite finatization of pension case of the petitioner to ensure compliance of order dated 26/6/06 passect in the writ petition filed by the petitioner. However, as far as present respondents are concerned, 1 am not inclined to proceed further in fhe matter against them. The petitioner shatl piace a copy of ttiis order atong with necessary documents before the District Treasury Officer (Pension), jabalpur for doing needful at his end, if not aiready done. In case, required steps are not taken for finalisation of the case of revision of pension by the concemed officer within a period of three months, the petitioner woutd be at liberty to take recourse to such remedy as may be avaitabie under the iaw alleging non-comptiance of the order of the Court. 5. The petition is accordingty finatly disposed off. Sd/- ManindraMohanShrivastava Judge