IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C. No.614 of 2010 Between: S.Krishna Murthy … Petitioner and Sri Sai Prasad, I.A.S., A.P. Housing Board, Represented by its Vice Chairman and Housing Commissioner, Hyderabad. … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C. No.614 of 2010 ORDER: This contempt case is filed complaining that the respondent has willfully disobeyed the order dated 16.10.2008 passed in W.P.M.P. No.29302 of 2008 in W.P. No.22493 of 2008. The case of the petitioner, in brief, is that he filed W.P. No.22493 of 2008 challenging the action of the respondent in initiating the disciplinary proceedings against him and in not finalizing, not releasing all his retirement benefits and pension on his retirement on 29.09.2007. Along with the said writ petition, he also filed W.P.M.P. No.29302 of 2008 seeking direction to the respondent to release forthwith the retirement benefits of the petitioner such as pension, gratuity amounts accumulated under family benefit and group insurance schemes and the earned leave encashment amounts, pending disposal of the writ petition. This Court on 16.10.2008 directed the respondent to settle the retirement benefits, within a period of four weeks, from the date of receipt of the order and to communicate the same to the petitioner. Complaining that the respondent did not comply with the order dated 16.10.2008 passed by this Court in W.P.M.P. No.29302 of 2008 in W.P. No.22493 of 2008, the petitioner filed the present contempt case. On behalf of the respondent, counter affidavit has been filed stating that on receipt of the order passed by this Court, the concerned section has processed the file and also released provisional pension to the petitioner and also paid arrears to a tune of Rs.2,13,266/- and he is being paid a sum of Rs.7,172/- per month towards 75% of the normal pension as provisional pension and his retiremental benefits of balance of 25% will be paid subject to out come of the disciplinary proceedings as the petitioner, along with two others, involved in preparing the plan for Bhansilal Bagh, showing the well area not acquired by the City Improvement Board (CIB) in the plans issued to the private party, disciplinary proceedings were initiated and the same are pending. Therefore, as per the eligibility of the petitioner, he has been paid the amounts. Therefore, there is no disobedience of the order passed by this Court. Since, pursuant to the order passed by this Court only, the respondent has released the provisional pension to the petitioner and also paid arrears to a tune of Rs.2,13,266/- and he is being paid a sum of Rs.7,172/- per month towards 75% of the normal pension as provisional pension, therefore, it cannot be said that the respondent has willfully disobeyed the order passed by this Court. Whether the amounts received by the petitioner are in accordance with his eligibility or not is altogether different issue for consideration, which cannot be gone into by this Court in the present contempt case. In that view of the matter, this contempt case is liable to be dismissed. Accordingly, this contempt case is dismissed. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 19.07.2011 LSK