DR. L. KRISHNASWAMY Vs. SHRI KAILASH PATI

JUDGEMENT

(1.) The petitioner had filed a writ petition against the Union of India and Ors. The said writ petition was allowed and the Rule was discharged. While allowing writ petition this Court set aside the order of extension of tenure of the petitioner dated 24.12.90 as well as the public notice dated 27.12.90, putting the petitioner under suspension, with further direction that the petitioner will be entitled to all consequential benefits.

(2.) The case of the petitioner is that the respondents have not paid the consequential benefits namely the outstanding salary, terminal benefits namely provident fund, gratuity and other dues, therefore, contempt proceedings be initiated against them.

(3.) Mr. M.M. Sarin, appearing for the respondent, contended that no civil contempt is made out. The court while allowing the writ petition had ordered for the consequential relief. The remedy for the petitioner is by way of civil suit for the recovery of the same and not by way of contempt petition. Mr. Sarin contended that the question as to what amount of gratuity, leave benefits, the petitioner is entitled to, has to be ascertained and commuted. The question would arise whether this can be determined in this contempt proceeding. This question affects the very maintainability of the Contempt of Court Petition because it is to be seen as to whether the Court can be called upon to settle the dispute between the parties by means of Contempt of Court Petition.