LAKSHMI NARAYAN PRAJAPATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is a petition for contempt alleging non -compliance of the order dated 17.2.2005 passed in W.P.(S) No. 4460 of 2003 by which the writ petition was disposed of remitting the case to the respondent -competent authority of the State to re -determine as to what should have been the scale of pay which the 'petitioner was entitled, taking into consideration the order of promotion and the post he was holding at the time of retirement and further to pass appropriate order within a period of three months from the date of receipt/production of a copy of the said order. The learned Single Judge further held that after such decision, if it is found that certain amount is to be adjusted from the retirement benefits of the petitioner, it would be open for them to do so after communicating the decision to the petitioner and rest of the amount was ordered to be paid to the petitioner. However, if it is found that the petitioner was rightly provided the replaced scale of Rs. 6,50010,500/ - the respondents were directed to refund the amount already deducted and if necessary, the respondents were ordered to fix the other retiral benefits such as pension, gratuity etc.

(2.) THE case of the petitioner is that the respondents have committed contempt of Court by not allowing the scale of pay of Rs. 6,500 -10,500/c from 9.8.1999 and was wrongly granted scale from 15.11.2000 and any deduction made prior to 15.11.2000 ought to be refunded to the petitioner.

(3.) THE explanation offered by the counsel for the contemnor -respondent appears to be correct. If the enhanced scale of pay was to be made effective from 15.11.2000 then, the petitioner could not legally insist for the payment on enhanced rate prior to 15.11.2000. Hence, the respondent -contemnor appears to be justified in not considering the enhanced scale of pay prior to 15.11.2000 and a case of refund having not been made out, a case of contempt also cannot be held to have been made out.