TAHIRA SHAHEEN Vs. SHALIN KABRA & ORS.

JUDGEMENT

(1.) By medium of this contempt petition, the petitioner, now deceased and through her legal heirs, alleges violation of order dated 12th of December, 2014, passed by this Court in SWP No. 1504/2014, in terms whereof, this Court, while disposing of the writ petition, had directed the respondent Education Department to process the case of the petitioner for release of pensionary benefits in accordance with rules and forward the same to the Accountant General, J&K, Srinagar/ respondent No.3, with a further stipulation that the respondent No.3, in turn, shall take a decision within four weeks thereafter.

(2.) Statement of facts stand filed on behalf of the respondents, both School Education Department and the Accountant General, wherein it is, in unison, stated that the pensionary benefits, upon accord of sanction and authorization of payment, stand released in favour of the petitioner. Mr Bhat, the learned counsel for the petitioner, submits that though the respondents have sanctioned and released the pensionary benefits in favour of the petitioner, but same has been done on the basis of some wrong calculations and not in tune with the entitlement of the petitioner.

(3.) When asked, Ms Masooda, the learned counsel, representing the respondent Accountant General, submits that the authorization for payment of pension is granted on the basis of the calculations made by the sanctioning authority and, therefore, there is no scope for the Accountant General to go beyond those calculations. In that view of the matter, the learned counsel seeks dismissal of the contempt petition qua the respondent Accountant General.