JASWANT SINGH Vs. P K MOHANTI SECRETARY DEPARTMENT OF URBAN DEVELOPMENT/DIRECTOR LACED BODIES GOVERNMENT OF UTTARA

JUDGEMENT

(1.) THIS civil contempt petition has been moved, under Section 12 of the Contempt of Courts Act, 1971 complaining the willful disobedience of the judgment and order dated 22.8.2001 passed in writ petition No. 3944 of 2001 and order dated 26.9.2001 passed in review application No. 2887 of 2001.

(2.) HEARD learned counsel for parties and perused the affidavit counter affidavit and rejoinder affidavit filed by the parties.

(3.) IT appears that the petitioner filed writ petition No. 25249 of 1996 before the Allahabad High Court. The said writ petition on its transfer lo High Court of Uttaranchal was renumbered as 3944 (S/S) of 2001 which was disposed of finally on 22.8.2001 with the following order: "Since the petitioner has completed 60 years of age, the petition has been rendered infructuous. However, the respondents are directed to clear all the pensionary benefits of the petitioner in accordance with rules and shall also pay the salary for the last two years during which period he has served the department -in -view of the interim order dated 12.8.1996 passed by the High Court. In view of the above observations, the writ petition is disposed of finally." Sd/ - PC. Verma, J. It apperas that a review application No. 2887 of 2001 was also filed against the said order but the same was disposed of with the following order on 26.9.2001 : "Heard learned counsel for the applicant/respondent No.3. No good ground is made out to review the order dated 22.8.2001 that "the salary shall be paid to the petitioner for the last two years during which period he has served the department", therefore, the review petition is dismissed." Sd/ - PC. Verma, J.