LAWS(PAT)-2001-3-73

RAM UGRAH SHARMA Vs. UNION OF INDIA

Decided On March 12, 2001
Ram Ugrah Sharma Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) CWJC .No. 9220 of 1995: Ram Ugrah Sharma vs. The Union of India and others succeeded with certain directions having been given that the promotion of the petitioner would be reckoned as also the consequential benefits as would accrue to him. The writ petition was allowed on 3 March 1997. After this a letters patent appeal had been filed. This was L.P.A.no. 523 of 1997. By this appeal the Court expressed reservations as to why it had been filed. The judgment on the writ petition was affirmed and a consequential direction was given that the matter relating to the benefits, which had accrued to the petitioner -appellant by promotion or otherwise, would be considered expeditiously and preferably within a period r of four months as a direction in the letters patent appeal. The record was laid to rest.

(2.) DESPITE the direction in the letters patent appeal, it appears that nothing moved. Thus, the petitioner took out contempt proceedings and these were registered as MJC. No. 3747 of 1997. It is clear from the record of the contempt proceedings that despite the fact that it had been pending almost four years nothing apparently had been done to comply with the orders whether under the writ petition or the letters patent appeal. V order dated 10 November 2000 by Division Bench (Hon 'ble Shashank Kr. Singh and Hon 'ble S. K. Katriar, JJ.) directed that the matter be adjourned and an affidavit filed during the first week of January 2001 showing compliance on the directions which had been given, in effect, on the writ petition and the letters patent appeal.

(3.) WHEN the matter came up on 5 February 2001 the payment, in fact, had not been delivered to the petitioner and it had yet to be processed and made out in his favour. On that day, the Court noticed that the arrears, which were being processed in favour of the petitioner amounted to delayed since 1997 to 2001. Thus, the Court indicated, simple interest @ 12% on the arrears and the case was adjourned to 22 February 2001.