1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CLCON No. 77 of 2010 Smt. Shakuntala Sharma ……..Petitioner Versus Lt. General A.K.S. Chadele and another ….Respondents. Present: Mr. Pankaj Miglani, Advocate for the petitioner. Mr. V.B.S. Negi, Advocate for the respondents. Date of Decision: 22.09.2010 Hon’ble Sudhanshu Dhulia, J. (oral) Heard Mr. Pankaj Miglani, Advocate for the petitioner as well as Mr. V.B.S. Negi, Advocate for the respondents. This contempt petition has been filed by the petitioner stating that the order dated 11.12.2009 passed in Special Appeal No.4 of 2005 directing to pay pensionary benefits to the respondents (petitioner herein) by the appellants has not been followed. Therefore, a contempt was made out and notices were issued to the respondents in this case. Today Mr. V.B.S. Negi who is appearing for the respondents has filed an affidavit which is on behalf of Lt. General Inder Jeet Singh, Commandant, “Electronics Aur Yantric Engineering Sainya College” of E.M.E. Trimulghery, Secundrabad stating therein that the pension as payable to the petitioner and as claimed by him has been sanctioned. Since the order dated 11.12.2009 has been complied with, this Court is of the considered opinion that cause of action does not survive, particularly in view of the fact that the delay in granting of pensionary benefits to the petitioner has been explained in the affidavit. The explanation seems to be bona fide. The instant contempt petition is accordingly disposed of. Notices are discharged. (Sudhanshu Dhulia, J) 22.09.2010 kuldeep