IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLN.(CONTEMPT PETITION) No 2 of 1996 in SPECIAL CIVIL APPLICATION No. 1803 of 1987 For Approval and Signature: Hon'ble MR.JUSTICE K.J.VAIDYA Hon'ble Mr.JUSTICE D.G.KARIA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? 1 & 2 - YES. 3 To 5 - NO -------------------------------------------------------------- KHIALDAS J MANGHIMALANI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR J.R.NANAVATI for Petitioner MR J.M. THAKORE with MR A.J. DESAI for Respondent 1. MRS R.V. ACHARYA for Respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE K.J.VAIDYA And MR.JUSTICE D.G.KARIA Date of decision: 31/03/97 CAV JUDGMENT (PER : VAIDYA J) 1. WHAT INDEED is the meaning of `Economic Measures', (?) rather the concept in context of the public administration especially in people's representative Government, where it is obviously expected to be quite an alive, sensitive, fully public-oriented, efficient, immediately delivering goods to the needy section of the society without they being in any manner compelled to beg or to agitate and even revolt much less even demanding their rightful claims, in a given case also not denying on the ground of the "inadequacy of staff" and that too as a result of some arbitrary, capricious, and disoriented application of the said `Economic Measures'? How, when, under what circumstances, where and certainly where indeed not such `Economic Measures' should be judiciously applied and/or not applied is one of the foremost question going to the roots of the lack of basic understanding resulting into manifest inefficiency and the want of transparency and accountability in the public - administration, arising from the affidavit filed by the opponent Pension Department in this Contempt Application, wherein on the contemner ultimately complying with the order of the Court, notice came to be discharged. HOWEVER, bearing in mind, the most vulnerable, pitiable plight, rather the 'tale of woe' of many troubled, stranded and embarrassed, old pensioners one after the another continuously suffering at the hands of the Government for their very survival and in particular some of them solely suffering, depending upon the only and meagre income of monthly pension and the same just not coming to an end because of some unpardonable, gross and inordinate delay in finalising their pension cases on totally ridiculous and baseless ground of non-availability of the adequate staff and further that too because of quite an indiscreet `Economic Measures' persued by the Government, this Court on its own in overall public-interest taking up the just and humanitarian cause of quite old and gradually becoming more and more old and disabled pensioners has decided to deal with and clarify the said concept of 'economic measure' conveniently misused and indiscriminately abused in its proper perspective. This is being done precisely with the view ultimately attempting to bring about an end and solve the most sorrowful, nagging and vexed problem eluding solution since number of years making restless the retired pensioners in their rest of life. We can never afford to forget for a minute even that barring few exceptions, most of the pensioners are indeed deserving Senior Citizens who have served the people through the Government for quite number of years and consequently deserve utmost respect and care including the special concern, and treatment in matter of expeditious finalization of their pension cases at the earliest best. The reason is having served the Government for quite number of years, it is indeed their 'earned privilege' to live the rest of the retired life quite honourably and peacefully without any unnecessary problems atleast in matter of their pension papers ! To ask for pensionary benefits at the earliest from the very date of retirement is not something asking for any personal favour, mercy or charity from the officers' own pocket !! Further more, these pensioners are not slaves to be treated with the scant respect and humiliated. They are the free citizens having served the people through Government. Infact, officers in the charge of "pension papers" should never forget that a day in their life will also and is bound to come when they would retire and in case their pension papers were not to be finalized in time and delayed, their retired life may get equally perturbed and tranquility lost as the present-day lot of many pensioners ! It is with this background that this Court in overall public interests has tried to highlight certain avoidable deficiencies in the public administration and in particular quite an indiscreet and mechanical application of the `Economic Measures', also recommending some ways and means to give fresh up-start, fresh look and total face - lift to the administration fitting in with the concept of " the Government of the people, for the people and by the people". In this regard, popular Government needs lot of honest, sincere and intense heart-searching to immediately find out without wasting its further time in the first instance how is it that despite having won Independence, and that to0 about 49 years back, best of its socio-economic welfare policies and to financially feed and meet with the same imposing nerve wrecking taxation every year its people apart from being unhappy, are further and further quite dissatisfied with rule of the Government ? The honest answer to this would obviously raise finger of accusation in direction of the inefficiency, lack of transparency and accountability and to quite some larger extent the corruption, nepotism and misrule also. Under the circumstances, in the second instance, the Government has got to find out the ultimate ways and means of more and more cleaning-up, tonning and recharging its administrative machinery, bureacracy which whenever ultimately found to be if impersonal, disoriented, inefficient, corrupt and out of date, then to give desired and efficient effect to the people's problem required to be solved immediately it should be so educated and where the need be even sternly dealt with departmentally also. If this is just not done, then, in background of the present uncertain political scenerio, climate in the country neither our Constitutional rights nor those elected Members of Parliament, nor those of the Legislature by themselves would be of any help or the assistance to people to make concerned public servants work for them, unless once a while when the High Court and or for that purpose even the Apex court is so approached or otherwise of its own on suo-motu taking notice, interfers giving some mandate to the government and in particular concerned public servant to act legally and/or desist from acting illegally (as the case may be).If this constitutional remedy for whatever reasons is not resorted to then in that case, we are quite afraid that ignorant, choiceless, frustrated beyond the point of return people, letting out the steam of seething discontent taking law in their hands, resorting to some violance and terrorism may perhaps teach the costly life's lesson to the said 'public servant' model of inaction, arrogating and conducting themselves as the public bosses ! Infact, after 50 years of Independence and having experienced none too happy performances of some of our anti-people politicians and the public-administration, it is indeed high-time in this 50th year of the Golden Jubilee celebration of Independence for our wise, honest, sincere elected representatives of the people to precisely take the stock of the situation for knowing and realising that by and large our public administration is run and managed by some die-hard, orthodox, inflexible, insensitive and disoriented, out-dated in short undesirable public servants in one word known as the 'bureaucrats' !! Its an experience of many that they have indeed no idea rather they ignore the care and concern for the pulse and heart-beats of the people's real problems and aspirations. This inflexibility and insensitivity in the matter of public causes, public problems have as if become the characteristics rather the chronic disease of our day to day public administration, where the efficiency and public accountability is always at the discount, lowest-ebb and thrown to the winds in very nature of things ! When we say this so emphatically with all responsibility, it also needs to be atonce clarified to avoid any unnecessary misunderstanding here and now at this stage only that it is not that each and every politician or the public servant is alleged to be anti-people, bureaucrats. NO. That is not so and indeed that cannot be. The reason is like every clouds having some beautiful silver linings, in our allegedly hopeless dark cloud like public-administration, there are also some genuine, hopeful and ideal public servants of whom the country can take just pride of, who straining their every nerve might have indeed helped, served, solved the public causes in quite an examplary manner providing silver lining and thereby maintaining atleast some hope of the people in the Government ! But then barring few and far between exceptions taking an overall view of the matter, the State or the country where the 'Cult Of Bureaucracy' unfortunately has predominantly the upper-hand and hold the sway over the administration turning it to be wooden if not wholly diamatrically opposed to the carring for the democratic rights, values and expectations of the people in their own elected Government, the public interest can never, never thrive and progress to the desired extent despite some silver-lining provided by some honest, sincere, dedicated public servants to the dark cloud like administration more particularly when sometimes even some of the elected representatives of people also become hopeless 'turn coats' hostile to the people like hostile prosecution witnesses having no regards for the truth and ultimate justice." This is more so particularly with increasing frequency of political instability, party Government changing and changing fast now and then and like the 'weather-cock' changing direction with the every whisper of the swirling political winds !! In aforesaid view of the matter, rather hard, bitter fact reality, in a democratic set-up with the 'Rule of Law' ruling the country, the Government administration shall have to necessarily change its attitude, character and quality of working rather its ugly identity with 'bureaucracy' the word which is nausiating and antagonistic enough to the people's ultimate rights under the Constitution who are the ultimate sovereign. There is much thinking and scientific planning on 'defence' and 'development' of the country, but have we ever given any single minute thought and planning in matter of how to take out and save the country from the octupus-grip, clutches, of the devilish 'Bureaucratic Cult' , which because of its all pervasive, manifest inefficiency, red-tappism, woodenness, die-hardness and unaccountability has crippled, crushed and squeezed- out people's hope and aspirations and not allowed them to enjoy the fruits of independence and freedom !. If the historical year 1942 successfully challenged and mandated the Britishers to 'Quit India', let the year 1997 also be yet another historical year giving clear mandate and order to the 'Bureaucratic cult' to 'Quit India' and for this let us all strive hard to realize this goal. The reason is 'Democracy' and 'Bureaucracy' in a way, are virtually each other's antithesis, antonym, contradictions in terms. To have the true, meaningful democracy, the Government administration also shall have to be necessarily pro-people reflecting 'VOX-POPULI', democratic. If the people have right to vote - out the party in power, if it does not serve and solve their problems, the public servant also on the very same accountability and transparency test must be dealt with and weeded out of power by finding out some reasonable ways and means to effectively regulate and control them. The machine or the system whenever it loses the grip, efficiency and does not give desired and expected service, it requires timely attention, servicing, screwing up and tonning-up if that will serve the purpose and if despite doing all these things, if position does not improve then bearing in mind further need requires changing the spareparts also and if this is also not done there remains no alternative but to condemn it out of use as 'scrap' as good as garbage to be dumped and destroyed or disposed off is an inescapable situation which must be faced to solve the problem ! In other words, in truly democratic State to keep-up and above, the democratic rights, values and culture of the people, the malignant 'virus of Bureaucracy' shall have to be kept under the strict vigil and control if in the first instance, the country wants to retain its character and quality of democracy, and in the second instance, in the alternative where its total elimination is not immediately possible. If this is not done, take it that the so-called 'Democracy' would be in name only and people would be haunted and ruled by the devil and curse of 'Bureaucracy', successfully spinning and spinning around webs over webs bringing about ever increasing distance between the people and its Government !! If the full moon of independence and democracy has lost its beauty and spleandour in our country it is entirely because of its being double ecliped by the lethargic dishonest bureaucrats and corrupt careerist ambitious politicians !! 2. FEW RELEVANT FACTS :- Khildas J Mandharamani, by this application under Contempt of Courts Act,1971 has moved this Court inter-alia praying for punishing the Director of Pension and Provident Fund, Gujarat State, on the ground of wilfully disregarding the order dated 6th August 1996, passed by this Court (Coram: J.M.Panchal,J.) . The said order reads as under :- "The respondent no.3 i.e. Director of Pension and Provident Fund, Gujarat State is hereby directed to fix the amount of pension payable to the petitioner as on September 22, 1973 on the basis of notional pay fixed in the post to which the petitioner is found to be entitled to be promoted as per the direction given in this judgment and pay the difference of arrears of pension to the petitioner within two months from the date of receipt of the necessary orders from the Secretary to the Government, Narmada and Water Resources Department, Sachivalaya, Gandhinagar " 2.1 In above view of the matter, on 30.1.1996 when this matter was called out for admission before us, we passed the following order:- "The grievance voiced by the petitioner is that though this Court (Coram: J.M.Panchal,J) by an order dated 6.8.1994, had directed the Director of Pension and Provident Fund, Gujarat State, to fix the amount of pension payable to the petitioner as on 22.9.1973 on the basis of the notional pay fixed in the post to which the petitioner is found to be entitled to be promoted, etc. within two months from the date of receipt of the orders from the Secretary to Government, Narmada and Water Resources Department, Sachivalaya, Gandhinagar, nothing has materialised till today leaving him in all lurch and guessing. This prima facie, quite contemptuous remissness on the part of the respondents is quite stunning and shocking enough inasmuch as that the petitioner who has retired long back, and has reached the age of 76 years, is denied his rightful pensionary benefits. When the Government is awarding pension to its employee, it is not out of any charity that they are granting. It is a precious legal right of every employee and that needs to be respected at the earliest and at any cost unless of course, his confidential report indicates something on the basis of which said right stands forfeited. To make its own employee to run from pillar to post because of the remissness and bureaucratic lethargy, on the face of it, reflects lack of social orientation and accountability, and accordingly it needs to be the direct concern of the concerned Finance Minister to remain constantly in touch with the problems so that old pensioners could be helped and saved from their avoidable heart-burning problems. In this view of the matter, we direct, in particularly, Respondent no.3-Director of Pension and Provident Fund, Gujarat State, Khanpur, Ahmedabad to personally remain present before this Court (Coram: K.J.Vaidya and M.H.Kadri,JJ) On 5.2.1996, failing which a serious view could be taken. The Director of Pension and P.F., on that day, in the first instance, shall show cause why the contempt proceedings should not be initiated against him, and in the second instance, shall also inform us : (i) as to why such a gross delay has taken place in the present matter despite the specific direction of this Court ? (ii) as to why for the outstanding pension dues, order should not be passed for payment of the accrued interest to the petitioner, that too, from the personal pocket of the concerned Officers who are responsible for the alleged delay ? (iii) as to how many such cases of pension are pending defying the direction of this Court ? and (iv) what is the staff strength to deal with the same as expeditiously as possible and what further proposal it has made to the Government for the expeditious disposal of the pension cases ? Office is directed to communicate this order to Respondent no. 3 immediately. Direct service permitted." 3. On the aforesaid notice being served, on behalf of the respondent no.1 Mr. B.J.Parmar, Secretary, Narmada and Water Resources Department, State of Gujarat, on behalf of the respondent no. 2 Mr. C.B.Giridhar, Principal Secretary, Panchayat and Rural Housing Department and on behalf of the respondent no. 3 Mr. J.M.Gor, Director of Pension and Provident Fund, Gujarat State have filed their respective affidavits explaining facts and circumstances under which time-bound directions given to them persuant to the order passed by this Court (Coram: J.M.Panchal,J) could not be complied with expeditiously within the stipulated period. Thereafter, Mr. H.B.Thaker,Deputy Director of Pension and Provident Fund, Gujarat State has also filed his further affidavit on 6.10.1996, highlighting some genuine difficulties coming in the way of his department in quite expeditious disposal of the pension cases.In this regards, we have indeed no reason to doubt or distrust Mr.Thaker who is the responsible officer of the Government. Accordingly, here, at this stage in overall public interest, it will indeed not be out of place to observe in general that it is quite unfortunate in this country where sometimes even the genuine difficulties of some of the Government department itself which is required to be solved at the earliest best in over all public interests are just not attended or in case if at all attended to, they are attended so casually and cursorily as if the people were governed by some disinterested alien rule !! May be, may not be, but in a given case, if this grievance has any substance, it reflects the sad picture of total non-application and misrule by the concerned department as they say - Finance and General Administration Departments are the principal and key Departments where files because of few disoriented irresponsible dealing-hands in total disregards of the public duty are just tossed across playing with the precious public time of the Government and the concerned section of the Department forgetting altogether that alongwith that any delay in taking decision in the right earnest was bound to unnecessarily defeat the public interest and ultimately and incidentally enough the image of the popular Government and top-Secretaries also who may not have intended any delay to be at fault even. Not to spot and in turn weed out such black-sheep from the public administration which is the ultimate duty of the head of Department - failing which he himself obviously renders accountable. 4. CONTEMPT PROCEEDINGS - WHETHER MERE RUSE, DEVICE TO STEAL REALISE,ACHIEVE COURTS FAVOURABLE ORDER NOT COMPLIED WITH BY THE OTHER SIDE ? OR THE REAL CONCERN OF THE PETITIONER IS FOR COURT FOR ITS CONTEMPT BY THE OPPONENT ? This is one of the real and fundamental question in many contempt of court proceedings initiated by the parties when courts order or direction in their favour is just not complied with, or flouted, though undoubtedly the answer to it is none too secret rather to put it positively it is quite an open secret within the knowledge of all concerned !! The very same situation has incidentally arisen in the instant case also. When the matter was called out earlier, we have been informed by the learned advocate appearing for the petitioner that since the order passed by this Court (Coram: J.M.Panchal,J) now stands duly complied with, and the grievance of the petitioner having come to an end duly redressed, he did not intend to press this contempt petition any further, and accordingly the notice issued against the opponent may be discharged. Now ordinarily, when the grievance of the petitioner comes to an end being redressed and satisfied, we would have readily in the facts of the case put an end to the matter, more particularly having heard Mr. J.R.Nanavati, the learned advocate appearing for the petitioner and Mr. J.M.Thakore,the learned Advocate General appearing for the contemnor. As a matter of fact, in the instant case also, ultimately we are going to discharge the notice of contempt issued against the contemnor, but then at the same time this case appears to be one of those many unfortunate cases reflecting the sad and sorry picture of thousands of troubled and stranded pensioners day in and day out, having some serious heart-burns grievances regarding delays in disposal of their pension cases where the department of the Director of Pension and Provident Fund for whatever good and justifiable or bad reasons allegedly not efficiently discharging its duties putting an end to their ordeal ! In this view of the matter, we instead of putting an end to the matter by short order, discharging the notice to contemnor have in over all public interest thought it fit to dwelve at length on the most vexed and nagging problem eluding the permanent solution and recommend some effective steps in matter of departmental instructions and guidelines if it suits Government to accept and implement the same to earn credit, good name and blessings from the unfortunate lot of pensioners !!. Under such compelling circumstances, where the old pensioners have neither enough streangth, time and will to resist the administrative evil of delays and uncertainty and get their pressing demands granted, quite expeditiously we indeed cannot shut our eyes to quite disgusting and continuous hardships and inconvenience to the old persons which has turned into ridiculous, shameful reality reflecting upon the typical apathetic bureaucratic approach. Accordingly in this view of the matter, though as stated above, the grievances of the petitioner in this particular case have come to an end, yet while discharging the contempt notice against the respondents, we deem it absolutely necessary, nay more than that rather a duty to make some pertinent observations and give necessary guidelines and direction to the Government so that difficulties of the type like the one felt in the instant case and those others of other types encountered and faced day in and day out by number of pensioners may not be repeated in future at the hands of the Government. 4.1. COMMON CAUSE-GRIEVANCES OF THE PEOPLE AND THE GROWING APATHY TO IT OF EVEN THE SIMILARLY PLACED AGGRIEVED CITIZENS !! UNDER THE CIRCUMSTANCES, WHAT INDEED OUGHT TO BE THE DUTY OF THE COURT IN SOME EXTRA ORDINARY PUBLIC CAUSES LIKE THE PRESENT ONE ?? - In contempt proceedings, it is simply unfortunate that moment the grievances of the petitioners stand solved, they are no longer any more in mood or interested in continuing the contempt proceedings as if the contempt of the court quite synchronized, synonymized and symbolized standing identified only with the individual grievances of the petitioner and accordingly the said proceedings were meant as if to be utilised only as an execution lever for the purposes of encashing their one