THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CONTEMPT CASE No.588 of 2010 Date:19.07.2010 Between: B.Akkamma. ………..Petitioner. And Sri B.Sundar Reddy and another. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CONTEMPT CASE No.588 of 2010 ORDER: This contempt case has been filed complaining disobedience of the order dated 4.2.2009 passed in W.P.No.1815 of 2009. Form-I Notice came to be ordered on 3.6.2010. The respondents received the notice, filed counter and also moved C.A.Nos.609 & 610 of 2010 to dispense with their presence. The said contempt applications are allowed dispensing with their presence. Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioners submits that the respondents, having granted pension, are not justified in withdrawing the same on the objection being raised by one Smt. Eswaramma. A further submission has been made that Smt. Eswaramma filed W.P.No.10315 of 2009 and the said writ petition came to be disposed of with a direction to the said Smt. Eswaramma to approach the Civil Court, and that the respondents are not justified in withholding pension of the petitioners. Per contra, the learned counsel appearing for the respondents submits that the said Eswaramma filed a civil suit being O.S.No.30 of 2010 on the file of the Junior Civil Judge, Jaheerabad and the suit is pending. The question that arises for consideration in this contempt case is whether the respondents violated the order passed by this Court in W.P.No.1815 of 2009. The relevant portion of the writ petition reads as hereunder: “As per the material placed on record late Ramulu nominated the petitioner who is no other than his wife for receiving retirement benefits, gratuity, family pension, arrears of pension and the lumpsum amount payable to the family on the commuted value of the pension etc. Such is the situation, the writ petition is disposed of directing the respondents to consider the representation dated 10.3.2008 and pass appropriate orders within two months from the date of receipt of copy of this order. No order as to costs.” Indisputably, the representation of the petitioner has been considered and pension has been allowed to the petitioner. Subsequently, one Eswaramma, claiming wife of late Ramulu, filed a writ petition and the writ petition came to be disposed of reserving the liberty to her to approach the Civil Court, and thereupon, she filed the suit in the Civil Court and the same is pending trial. Consequent on the objection raised by the said Eswaramma pension to the petitioner came to be stopped w.e.f September 2009. Since the direction given by this Court in W.P.No.1815 of 2009 has been considered and pension has been granted and the same has been paid to the petitioner up to August 2009, it amounts to substantial compliance of the order passed by this Court in the said writ petition. Therefore, the contempt case is liable to be dismissed. Accordingly, the Contempt Case is dismissed. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:19.7.2010 mrb