HIMACHAL PRADESH AGRICULTURE UNIVERSITY PENSIONERS SOCIETY Vs. CHAUDHARY SARWAN KUMAR HIMACHAL PRADESH KRISHI VISHVAVIDYALAYA AND ANOTHER

JUDGEMENT

(1.) WE find that despite sufficient opportunities afforded to the respondents, they have not complied with the judgment dated 15.9.2011, passed by Division Bench of this Court in CWP No. 6078 of 2011, titled as Himachal Pradesh Agriculture University Pensioner's Society versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya and another. Members of the petitioners' society (Sabha) are poor pensioners. This Court way back in September, 2011 had directed the respondents to release retirement gratuity/death gratuity and arrears of pension with dearness allowance in terms of notification dated 5.8.2011. This was to be done within a period of six months. Time to comply with the judgment was extended by this Court on request of the respondents, vide order dated 19.3.2012. But despite the same, respondents failed to comply with the judgment. Respondents also failed to respond to the legal notice served upon them by the petitioners' society. In fact on 22.10.2013, when the matter came up before this Court, following order was passed: - On the request of the learned counsel for the respondent, matter is adjourned. List on 28.10.2013, by when it is expected of the respondents to comply with the judgment in letter and spirit, failing which the respondent/Registrar shall personally remain present in Court. Today, there is no explanation forthcoming as to why amount has not been released to the members of petitioners society or the judgment has not been complied with in letter and spirit.

(2.) WE are of the considered view that respondents are in gross contempt of this Court. They have failed to comply with the orders of this Court. Whether contempt is willful is a question which we shall examine hereinafter. For the time being, in these proceedings, we pass the following order: -

(3.) MR . R.S. Gautam, learned counsel for the petitioner requests that vehicles of the Vice Chancellor and Registrar of the respondent University be also attached. We refrain from passing any order today granting liberty to the petitioners' -Society to move an appropriate application in this regard. List the matter on 5.11.2013. Copy dasti.