GULZAR SINGH Vs. UOI

JUDGEMENT

(1.) THIS Contempt Petition has been filed by deceased petitioner's son alleging that the order passed by this Court dated 5th October, 2005 has not been complied with by the respondent.

(2.) BY a judgment dated 5th October, 2005, the Division Bench of this Court gave following directions :-

(3.) BETWEEN hearing of the arguments and delivery of decision, the petitioner had died. The present Contempt Petition has been moved by his son. In response, the respondent has stated that petitioner's son who was aware of death of his father had not informed the Court before delivery of judgment. Since the petitioner, Gulzar Singh had died, his reinstatement could not be done and no enquiry could be initiated against him afresh, the liberty of which was granted by the Court. Further averment is made that Gulzar Singh during his service had disclosed name of 3 family members, i. e. , his wife Smt. Amarjit kaur, his unmarried daughter, Baljit Kaur and Swinder Singh. The name of the petitioner was not disclosed. The Railway Administration however, decided to implement the Court order and Competent Authority directed that since Gulzar singh had died before passing of the order, he could not be reinstated and directed for settlement of his retirement benefits on notional basis which were calculated and a notice was accordingly issued vide order dated 25th April, 2007. The pensionary benefits of the deceased Gulzar Singh thus got revised and as per revision a sum of Rs. 1,73,645/- would be additionally payable including rs. 10,000/- costs. This amount was lying with Railway Administration and would be released on legal heirs certificate issued by a Competent Court.