1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.68 of 2011 In Writ Petition No.360 of 2002 With Writ Petition No.4 of 2003 (Decided on 15-4-2010) (Damodhar s/o Mahipat Gawande and others v. Shri Ravindra s/o Chaudas More and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.V. Mohokar, Advocate for Petitioners. Shri V.G. Wankhede, Advocate for Respondent Nos.1 and 3. Shri N.W. Sambre, Government Pleader for Respondent Nos.2 and 4. Coram : R.K. Deshpande, J. Dated : 4 th July, 2011 1. This contempt petition complains about willful disobedience/breach of the judgment and order dated 15-4-2010 passed by this Court in Writ Petition No.360 of 2002 with Writ Petition No.4 of 2003. It has been held in this judgment and order that the petitioners are entitled to permanency on completion of 240 days of employment with all consequential benefits. The complaint in this contempt petition is about 2 non-payment of all consequential benefits with effect from the date of completion of 240 days' service. 2. Notice in this matter was issued on 18-4-2011. In response to the notice, an affidavit of the Principal Secretary, Department of Water Supply and Sanitation Department, Mantralaya, Mumbai, has been filed. Paras 10, 12 and 13 of the said affidavit are reproduced below : “10. Be that as it may I say that, the Chief Executive Officer, Zilla Parishad, Buldana vide his communication dated 11 th June 2011 has forwarded the calculations for benefits to be given to the petitioners by the Deputy Director, Ground Water Survey and Development Agency, Amravati Division, Amravati vide his communication dated 11 th June 2011. The true copy of the said communication dated 11 th June 2011 issued by the C.E.O. Zilla Parishad, Buldhana is annexed hereto as Annexure R-2. Based upon the said calculation the Deputy Director referred above has calculated the monetary claims of the petitioner from 3 rd July 1988 till 31 st December 2006. The true copy of the said calculation is also annexed hereto as Annexure R-3.” “12. I further say that, having receipt of the aforesaid claims through the respondent No.4 to the present petition, I have taken steps for issuance of appropriate order for the compliance of the order of which contempt is complained of.” “13. I further reiterate my unconditional apology 3 and further say that there is no intentional or deliberate attempt on my part to disobey the order.” 3. Shri Mohokar, the learned counsel appearing for the petitioners, submits that the calculations given in Annexure R-3 to the affidavit, are not correct and the petitioners have to receive much more amount than what have been stated in the said calculations. He further submits that the petitioners are entitled to pension and there is no statement made in the affidavit as to what steps have been taken for finalization of the pension payable to the petitioners. 4. Shri Sambre, the learned Government Pleader appearing for respondent Nos.2 and 4, makes a statement that the balance amount, which is due and payable to the petitioners, as stated in para 13 of the affidavit, reproduced above, shall be released within a period of three months from today. 5. In view of the statement made by the learned Government Pleader for respondent Nos.2 and 4, there is substantial compliance of the judgment and order passed by this Court. If at all there is any dispute as to the actual amount payable to the petitioners in terms of the consequential benefits granted by this Court, then it is always open for the petitioners to adopt all such measures as are available in law. So far as the question of pension is concerned, there is nothing on record to suggest that the pension has been denied to them. Be that as it may, the question whether the petitioners are entitled to pension as a consequential benefit, the same can also be gone into such proceedings that would be initiated by the petitioners in 4 accordance with law. Needless to say that there is no willful disobedience/breach of the judgment and order passed by this Court. 6. The contempt proceedings are, therefore, dropped. 7. Certified copy of this order is expedited. Judge pdl