KIRITKUMAR CHIMANLAL JOSHI Vs. RAJIVKUMAR GUPTA

JUDGEMENT

(1.) This contempt proceeding has been initiated for alleged willful disobedience of the order dtd. 23/10/2018 passed in Special Civil Application No.6319 of 2016.

(2.) On respondents being notified, Affidavit-in-Reply has been filed contending thereunder that the order has been complied. In this background, it would be apt and appropriate to extract the relevant portion of the order which is alleged to have been willfully disobeyed by the respondents:

(3.) A plain reading of the above order / direction would indicate that the respondents were directed to forthwith sanction and pay pension and all other retirement benefits to the petitioner with interest at the rate of 12% per annum on the basis of the petitioner having superannuated from service on and from 31/5/2013. It was further directed that the said benefits should be calculated and paid to the petitioner within six weeks from the date of receipt of certified copy of the order and in the event of the said amounts due to the petitioner are not paid within stipulated period of six weeks, the rate of interest would run at the rate of 18%. per annum. The affidavit of compliance filed by the respondents would indicate that for the retirement benefits and under pension payment order dtd. 25/4/2022, the pension payable to the petitioner has been quantified, as also the gratuity, payment order, leave encashment and group insurance in all amounting to Rs.36,89,645.00. However, Mr.K.B. Pujara, learned counsel appearing for the petitioner / applicant would vehemently contend that petitioner is entitled to much more higher amount than what has been computed. As to what would be the amount payable to the petitioner and dispute relating to quantification cannot be the subject matter of scrutiny or examination in contempt jurisdiction. Hence, we reserve liberty to the complainant to challenge the said orders if so advised.