PRIVATE SECRETARIES BROTHERHOOD THRU SECRETARY AND ANR. Vs. S.M.A. ABDI, THR PRINCIPAL SECRETARY (LAW) AND ANR.

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS contempt petition has a chequered history. It has been filed to ensure compliance of a judgment dated 29.7.1998 which has been upheld by the apex Court. Time and again, the Court has been misled by showing compliance when there was none. Full facts would be clear from the following order passed on 11.11.2009. Heard counsel for the parties.

(3.) EVEN after enforcement of the rules, special allowance of Rs. 1550/ - and Rs. 1500/ - to the members of the applicant Association was not paid or any Government Order issued in respect thereof despite the fact that the Government Advocate through his letter dated 16.6.2009 had requested the Principal Secretary (Law) to issue the said Government Order. As on date, though the special allowance is being paid, it has no statutory backing as even a Government Order to this effect has not been issued and the apprehension of the applicants appears to be justified, keeping in view the background of this case, that the allowance now paid may be adjusted or recovered later on as it has no legal backing. Comprehension fails the Court as to why the Government Order has not been issued. The Court would also consider on the subsequent date as to whether the conduct of the respondent officials amounts to contempt.