SHAMBHU NATH TIWARI Vs. S. AHMAD

JUDGEMENT

(1.) THIS contempt petition has been filed for the alleged non compliance of the order dated 1-6-2001 in S.B. Civil Writ Petition No.1663/1997 and 4832/1991 passed by this court.

(2.) ON notice, reply to the contempt petition has been filed by the respondents. It has been submitted that compliance with the order dated 1-6-2001 has been fully made. It has been submitted that following the order dated 1-6-2001, the Assistant Director, Pension and Pensioners Welfare Department, Jaipur issued a letter dated 20-1-2012, by which all retiral benefits have been released in favour of the petitioner vide PPO No.22892(R) w.e.f. 1st September, 1994 and also GPO No.301246(R). By way of further additional affidavit, it has been submitted that a sum of Rs.8,14,334/- as arrears of pension, gratuity, commutation, leave encashment and surrender of leave has been paid to the petitioner. There is now no amount outstanding even with reference to the direction of this court issued on 1-6-2001. It has also been specifically averred that the petitioner, who was an employee of the Department of Economics and Statistics has been given all the benefits of seniority and promotions in the cadre of Rajasthan Economics and Statistical sub-ordinate and State service in the compliance with the order dated 1-6-2001 and no amount at all is due and outstanding to the petitioner. It has been further pointed out that the petitioner's case for fixation and payment of arrears had been examined by the two committees of experts and the fixation and consequent payments have been made as per recommendations of the Committees. There petitioner is presently a pensioner and is being given pension as due. Indicating bonafide of the department, it has been further submitted that several letters were issued to the petitioner requiring him to clarify as to under which head and under what manner any amount is further allegedly due in compliance of the order dated 1-6-2001 passed by this court. Yet the petitioner did not respond to the same. Specific reference has been made to the department's letters dated 31-1-2012 and 20-11-2012 in this regard.

(3.) A perusal of the order dated 1-6-2001 shows that this court directed that (i) the petitioner be given all promotions, seniority, financial benefits, pay fixation etc. from the date Smt.Illa Biswas had been promoted from the post of Statistic Inspector to Deputy Director; (ii) respondents No.1&2 apply the case of Shri Hero Badlani while considering the case of the petitioner in regard to his seniority, promotions and other consequential benefits; (iii) respondents No.1&2 were further to implement the option taken from the petitioner in the year 1991; (iv) thereafter the seniority, status of service of the petitioner be maintained and he be given due benefits with retrospective effect; (v) respondents No.1&2 to ensure that the petitioner be given same pension as has paid to Smt. Illa Biswas.