MITHILESH PANDEY Vs. LALIT NARAYAN MITHILA UNIVERSITY

JUDGEMENT

(1.) IN this writ petition, the petitioner, who claims to be the widow of Late Satyendra Pandey, is aggrieved by non -payment of Rs. 28,000/ - towards deferred D. A., with respect to which in the show cause filed in the earlier contempt petition the University stated that the same has been paid, vide cheque no. 027561 dated 26.9.1997, and stoppage of family pension from December, 2000.

(2.) IN short, the relevant facts are that the petitioner earlier filed C.W.J.C. No. 12174 of 1995, which was disposed of along with other writ petition by common order dated 4.10.1996 (Annexure 1), whereby this Court directed for disposal of her claim in the light of the general direction of this Court. However, when the said direction was not complied, the petitioner filed M.J.C. No. 918 of 1997. In the said M.J.C application, it was contended that regular Vice -Chancellor of the University has been suspended by the Honble Chancellor, so no show cause has been filed. It was further contended that the petitioner had already been paid a sum of Rs. 41,045/ - vide cheque dated 12.7.1999. After noticing the facts and circumstances, this Court, vide order dated 14.7.1999 (Annexure 2), disposed of the said M.J.C. application di recting the Incharge Registrar of the University to send a chart showing the details of payment made to the petitioner against one or other head within a period of one month and, further, that if any grievance of the petitioner still remains, she may ventilate the same before the University.

(3.) DISPITE all these when the order of this Court was not complied the petitioner filed third M.J.C., bearing no. 2514 of 2000 in this Court for initiating contempt. In the said M.J.C. a show cause was filed on behalf of the University and its officials (opposite parties no. 1 to 3), a copy whereof has been annexed as Annexure 4. In the said show cause it is stated that the petitioner has already been paid a sum of Rs. 1,07,390.99 towards pension and gratuity in two instalments. The said show cause mentioned about the payments made in different heads including that the petitioner is also getting family pension regularly from April, 1996. and, further, that she has been paid a sum of Rs. 28,000/ - on ad hoc basis towards deferred D.A. vide cheque no. 027561 dated 26.9.1997 against the claim of Rs. 37,560/ -.