R.S.MISHRA Vs. RANGLAL JAMUDA

JUDGEMENT

(1.) THE present contempt petition has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 alleging willful disobedience by the respondents of the Division Bench judgment and order dated 19th September, 2007 wherein this Court had directed that the petitioner was entitled to double House Rent Allowance (in short 'HRA') for the period from 30th October, 2000 to 30th June, 2003. The amount was directed to be paid to the petitioner within eight weeks and if the needful was not done, respondents were directed to pay interest on the said amount at the rate of 12% per annum. The relevant portion of the Division Bench judgment is reproduced hereinbelow:

(2.) THE respondents argued that after the Special Leave Petition filed by them was dismissed, they issued a cheque dated 25th August, 2008 for an amount of Rs. 61,761/ - representing double HRA payable to the petitioner for the period from 30th October, 2000 to 30th June, 2003 along with interest at the rate of 12% per annum. However, the petitioner refused to accept the same on the ground that the respondents have not complied with the Division Bench judgment and order dated 19th September, 2007 inasmuch as they had offered HRA at the Rajkot rate instead of the Delhi rate.

(3.) THE petitioner, in rejoinder, stated that from an overall reading of the entire judgment, it would be apparent that the petitioner was entitled to HRA at Delhi rate. Petitioner also drew the attention of this Court to the fact that the respondents had filed a CM bearing No. 17144 of 2008 before the Division Bench seeking a clarification as to whether the petitioner was entitled to double HRA at the rates applicable to Rajkot or Delhi. However, the said application was dismissed by the Division Bench.