STATE OF ORISSA Vs. B N SOM

JUDGEMENT

(1.) THE Central Administrative Tribunal, Cuttack Bench, Cuttack had decided Original Application No. 91 of 2002 filed by one Smt. Manikmala Maity (opposite party No. 1 in W.P.C No. 4843 of 2004) with a direction to the Railway authorities of S.E. Railway to release DCRG amount payable to her husband. While her husband was paid pension and other retirement benefits, the Railway authorities did not make payment under DCRG although he was representing them regularly. In the meantime, her husband died in March, 1999 and thus, she has claimed interest at the rate of 18% for the delay caused.

(2.) THE said original application was allowed by the Tribunal vide order dated 26th June, 2003 directing the respondent to make payment of the DCRG amount and pay interest for the delay @ 10% from 1.11.1997 to 31.10.2002 on the entire amount of DCRG and at the rate of 6% from 01.12.2002 to the preceding month of issuing the order of payment. The final payment was directed to be effected within 30 days.

(3.) WHILE entertaining the writ petition, W.P.(C) No. 4843 of 2004 on 13.9.2004, this Court directed issue of notice on admission indicating therein that this writ petition shall be disposed of at the stage of admission. The above mentioned application for interim relief i.e., Misc. Case No. 7154 of 2003 was also taken up and it was ordered by the Division Bench of this Court that further proceeding in C.P. No. 102 of 2003 pending before the Central Administrative Tribunal, Cuttack Bench, Cuttack shall remain stayed for a period of twelve weeks and the Misc. case was allowed. Thereafter, the writ petition was listed on 11.1.2005. Again another Misc. Case bearing No. 104 of 2005 was filed indicating therein that twelve weeks period expired on 13.12.2004 and on 22.12.2004, the learned Tribunal took up the contempt petition and directed that since twelve weeks period expired, the Senior DEN (Co -ord) should be present in person on 14.1.2005 for further proceeding in the contempt case and the impugned order dated 22.12.2004 passed by the Tribunal in the O.A. was subject to result of the writ petition. Prayer was made in Misc. Case No. 104 of 2005 filed in the writ petition; W.P.(C) No. 4843 of 2004 that further proceeding in the Contempt petition be stayed till final disposal of the writ petition. The said application was listed on 11.1.2005 before this Court and after hearing Shri A. Mohanty, learned Counsel for the petitioner and Shri J.K. Das, learned Counsel for opposite party No. 1, the interim order was passed to the effect as quoted hereunder;