16.CP.83-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.83 OF 2008 IN NOTICE OF MOTION NO.454 OF 2006 IN WRIT PETITION NO.739 OF 2005 Smt.Prabha P. Sharma. ..Petitioner. Versus Shri Kedarnath Dube Shastri and 2 others. ..Respondents,. .... Mr.A.L. Gore, Advocate for the Petitioner. Mr.Mandar Limaye, Advocate for Respondent No.1. .... CORAM : A.R. JOSHI,J. DATED : 1ST OCTOBER, 2009 P.C.:- 1. Rule. Rule made returnable forthwith. 2. Heard rival submissions for some time. Also such submissions were heard on previous date. On that day, directions were given to both the parties to get further clarifications as to how much amount is still due and payable to the petitioner in view of the compliance of the order dated 23rd August, 2005 16.CP.83-08 2 passed by the Division Bench of this Court. By the said order dated 23rd August, 2005 certain directions were given to respondent No.1 that henceforth salary of the petitioner would be paid regularly and it was further directed that respondent No.2, however, would be at liberty to claim appropriate relief from respondent No.3 in the said Writ Petition No.739 of 2005. At this juncture, it must be mentioned that the said order, for alleged violation of which the present Contempt Petition has been preferred, was the order passed by the Division Bench on its Ordinary Original Civil Jurisdiction. However, the present Contempt Petition is preferred before the Appellate Side Jurisdiction and it is submitted on behalf of the petitioner that such Petition can be very well maintained and entertained by the Bench of Appellate jurisdiction. Under these premise, the present matter was before various other Benches. 3. As per the earlier directions, today a sort of tabular chart is filed on behalf of the petitioner asking for the total dues of Rs. 1,69,776/- due and payable from the respondent/contemnor 16.CP.83-08 3 to the petitioner. Admittedly, this amount includes the Additional Pay as per the 5th Pay Commission scale + Senior scale for which according to the petitioner she is entitled. Admittedly at the time of passing of the order dated 23rd August, 2005 there was no such specific mention as to directions to the respondent to pay the Senior scale or further payment from the 5th Pay Commission scale. Moreover in para-3 of the said order, it is specifically mentioned that liberty is granted to the petitioner to revive this petition in case the amount, as undertaken by respondent Nos.1 & 2, is not paid within stipulated period and admittedly such liberty has been taken, but, the Motion taken out by the petitioner has been withdrawn. All the same, now in compliance of the order, according to the respondent/contemnor, only 60% of the salary for the months June, 2008 to September, 2008 is due and payable to the petitioner. Said amount comes to Rs. 46,153/-. Admittedly, 40% of the amount for the said period had already been paid and the said position has been conceded by the petitioner. As such, in view of the above and 16.CP.83-08 4 in view of the undertaking given by the respondent/contemnor that balance amount of Rs.46,153/- shall be paid to the petitioner within two weeks from the date of this order, there is no legal necessity to deal with the respondent/contemnor under contempt and as such in view of the above Contempt Petition is disposed of and the contempt notice is discharged accordingly. (A.R.JOSHI,J)