SASHI PRAKASH Vs. GOVERNMENT PENSIONERS ASSOCIATION AGARTALA

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the judgment and order dated 11-8-2000 passed by a learned single Judge of this Court in Review Petition No. 12 of 1999 arising out of Original Contempt Case No. 17 of 1999. The learned single Judge by the aforementioned judgment and order was pleased to recall the order dated 14-12-99 passed in the aforesaid Original Contempt Case No. 17 of 1999 holding that no case of contempt was made out. By the impugned order, the learned single Judge has been pleased to direct that the contempt proceedings registered as Original Contempt Case No. 17 of 1999 be reheard with due opportunities to both the parties.

(2.) The brief facts necessary for appreciation of the controversy that has arisen in the instant Letters Patent Appeal are enumerated hereunder.

(3.) Civil Rule No. 259 of 1995 was instituted by the respondent No. 1 herein namely, the Tripura Government Pensioner's Association claiming Dearness Allowances, at the rate applicable to the Central Government Pensioners. The said writ petition was allowed by judgment and order dated 22-4-97 passed by this Court. Though Writ Appeal No. 330 of 1997 was filed by the State Government, at the time of hearing of the appeal, the learned Advocate-General conceded to the prayers made in the writ petition and prayed for extension of time for payment of arrears. Pursuant thereto, the writ appeal was closed and the State Government paid a part of the arrears. However, as certain balance remained unpaid and also the amount payable in every month was withheld, C.O.P. (C) No. 32 of 1997 was filed. On the basis of the stand taken by the respondents in the said contempt proceedings to the effect that the respondents had inadvertantly misinterpreted the directions of this Court, this Court by order dated 4-11-97 disposed of C.O.P. (C) No. 32 of 1997 granting an extension of 6 (six) months time to the concerned authority to comply with the orders of the Court by tendering payments in accordance with the judgment and order dated 22-4-97 passed in Civil Rule No.259 of 1995. As no payment was forthcoming even after expiry of time stipulated by this Court by judgment and order dated 4-11-98 another contempt proceedings namely, C.O.P. (C) No. 17 of 1999 was instituted before this Court. In the said proceedings, the respondents (Contemners) took up the plea that as the Pension Rules had been amended by the State Government in the meantime, i.e. by notification dated 27-10-98 and as such amendment had been given retrospective effect, the orders of payment passed by this Court cannot be complied with. Thereafter C.O.P. (C) No. 17 of 1999 was heard on 13th and 14th December, 1999 in circumstances enumerated in details in the order dated 11-8-2000 of the learned single Judge and by order passed on 14-12-99 the contempt proceeding was ordered to be closed. Against the aforesaid order dated 14-12-99, Review Petition No. 12 of 1999 was filed by the Petitioner-Association seeking review of the order dated 14-12-99 and for rehearing of the case on merits. The