KARIBEN SHANKALBHAI BARIYA Vs. VIPUL MITTRA

JUDGEMENT

(1.) The present contempt proceeding has been initiated for alleged willful disobedience of order dtd. 26/8/2022 passed by the learned Single Judge in Special Civil Application No. 3648 of 2022, where-under, the learned Single Judge had directed the respondents to consider the case of the petitioner's father and grant pensionary benefits, gratuity as well as other terminal benefits.

(2.) Today, when the matter is taken up for hearing, Ms. Dhwani Tripathi, learned Assistant Government Pleader appearing for the respondents has drawn attention of the Court to the directions which are issued in paragraph 7 of order dtd. 26/8/2022 passed in Special Civil Application No. 3648 of 2022 and by drawing attention to affidavit-in-reply filed on behalf of respondent no. 3 wherein, it has been categorically mentioned that insofar as leave encashment is concerned, payment has already been made and so far as amount of gratuity is concerned, it has been clearly mentioned on page 26 in last paragraph that said amount has also been paid. With respect to family pension, the said benefit is not possible to be extended as it has already been indicated that both daughters, Smt. Vinaben S. Bariya and Smt. Kariben S. Bariya were married and as such, in view of the provisions, they are not entitled to family pension.

(3.) In view of the aforesaid situation, it appears that there is substantial compliance so far as directions contained in paragraph 7 are concerned and if there is any grievance left out, the applicant may peruse the remedy which is available under the law.