ROSHAN LAL Vs. R.D. DHIMAN

JUDGEMENT

(1.) THE contemnors in the present petition are alleged to have willfully disobeyed the orders of this Court rendered in Civil Writ Petition No. 4046 of 2011. An extraction of the operative part, thereof, is essential, as a decision, on the controversy, is wholly unveiled upon it, which is as under: -

(2.) THE counsel for the petitioner contends that a reading of the operative portion of the order which has been purportedly disobeyed by the contemnors unravels, that Annexure P -14 (as existing on the writ file) was quashed. Besides, there was a direction to the respondents to reconsider the case of the petitioner in consonance with clause -3, of, Annexure P -5, within, a, period of one month. However, the respondents have not proceeded to afford any benefit of pension, to, the petitioner even when, the petitioner has begotten compliance with Clause 3 of Annexure P -5, in as much as, the petitioner has deposited with the District Treasury the amount falling to his share of subscription, to the General Provident Fund.

(3.) IT is apparent that the operative part of the judgment of this Court which is purportedly disobeyed is not couched in a phraseology so as to be construable to be mandamus to the respondents or a peremptory mandate in which events the respondent was under an obligation to afford the benefit of pensionary benefits. Rather, the operative part, of, the orders rendered by this Court purportedly disobeyed, are, in the nature of a direction, to, the respondent, to, reconsider the case of the petitioner for pensionary benefits. With the respondents having re -examined and reconsidered the case of the petitioner for grant for pensionary benefits to him and in the face of Annexure E barring the grant of pensionary benefits to the employees who come to be absorbed or appointed the Government of Himachal Pradesh after 15.5.2003 as the petitioner was, hence, declining to afford pensionary benefits, cannot, constitute any willful disobedience of the orders of the Court. Moreover, the said annexure also effaces the legal effect, if any of the petitioner, having meted purported compliance of Clause -3 of Annexure P -5. In view of the above discussion, the petition is dismissed and the contemnors are discharged. No costs.