GURNAM SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Impugned in this petition is order dated 15.05.2015 passed by the Learned Central Administrative Tribunal, Chandigarh Bench, (the tribunal for short) whereby the contempt petition of the petitioner filed against the respondent for non-compliance of the order dated 17.11.2009 passed in O.A. No.586/JK/2006, has been rejected. The relevant extract of the order of the tribunal impugned in this petition is reproduced hereunder:

(2.) The facts giving rise to the filing of this petition are that an original application filed by the petitioner before the Central Administrative Tribunal, Chandigarh Bench was allowed on 17.11.2009 and a direction was issued to the respondents to fix the pay of the petitioner from 1996 by ignoring the enhanced portion of pension of the petitioner and also fix his pension and pensionary benefits accordingly. It was further ordered that no recovery in terms of the impugned order shall be made from the petitioner and in case, any amount had already been recovered, the same shall be re-imbursed to him forthwith. The respondents assailed the aforesaid order of the said Central Administrative Tribunal, Chandigarh Bench in SWP No. 2028/2010 before the Division Bench of this Court. The writ petition was disposed of by the Division Bench of this Court with a direction to the respondents (herein) to consider the case of respondent No.1 for refixation of his pay, pension and pensionary benefits in the light of rules occupying the field, including the rules and judgment referred to and relied upon by the counsel appearing for the petitioner. In this way, the order of the Learned Central Administrative Tribunal, Chandigarh Bench impugned in the writ petition before this Court came to be merged in the order of Division Bench of this Court dated 08.08.201

(3.) That being the position, the petitioner could not have filed a contempt petition before the Tribunal under section 17 of the Administrative Tribunals Act, 1985 alleging violation of the order of the Tribunal dated 17.11.2009 when such order had merged with the subsequent order dated 08.08.2012 passed by the Division Bench of this Court.