Rajasthan High Court - Jodhpur
Har Lal Kadela vs Shri Sanwar Mal Verma on 25 April, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 992/2018
Kallu Singh Rathore
----Petitioner
Versus
Shailendra Agarwal
----Respondent
Connected With
1. S.B. Writ Contempt No. 1327/2017
2. S.B. Writ Contempt No. 753/2018
3. S.B. Writ Contempt No. 775/2018
4. S.B. Writ Contempt No. 833/2018
5. S.B. Writ Contempt No. 987/2018
6. S.B. Writ Contempt No. 1079/2018
7. S.B. Writ Contempt No. 1084/2018
8. S.B. Writ Contempt No. 1131/2018
9. S.B. Writ Contempt No. 1163/2018
10. S.B. Writ Contempt No. 1174/2018
11. S.B. Writ Contempt No. 1207/2018
12. S.B. Writ Contempt No. 1212/2018
13. S.B. Writ Contempt No. 1216/2018
14. S.B. Writ Contempt No. 1217/2018
15. S.B. Writ Contempt No. 1267/2018
16. S.B. Writ Contempt No. 1324/2018
17. S.B. Writ Contempt No. 1341/2018
18. S.B. Writ Contempt No. 1344/2018
19. S.B. Writ Contempt No. 1374/2018
20. S.B. Writ Contempt No. 1375/2018
21. S.B. Writ Contempt No. 1376/2018
22. S.B. Writ Contempt No. 1398/2018
23. S.B. Writ Contempt No. 1407/2018
24. S.B. Writ Contempt No. 1427/2018
25. S.B. Writ Contempt No. 1513/2018
26. S.B. Writ Contempt No. 1516/2018
27. S.B. Writ Contempt No. 1534/2018
28. S.B. Writ Contempt No. 1551/2018
29. S.B. Writ Contempt No. 1596/2018
30. S.B. Writ Contempt No. 1617/2018
31. S.B. Writ Contempt No. 1709/2018
32. S.B. Writ Contempt No. 1710/2018
33. S.B. Writ Contempt No. 1711/2018
34. S.B. Writ Contempt No. 1712/2018
35. S.B. Writ Contempt No. 1748/2018
36. S.B. Writ Contempt No. 1755/2018
37. S.B. Writ Contempt No. 1771/2018
38. S.B. Writ Contempt No. 1780/2018
39. S.B. Writ Contempt No. 35/2019
40. S.B. Writ Contempt No. 45/2019
41. S.B. Writ Contempt No. 47/2019
42. S.B. Writ Contempt No. 48/2019
43. S.B. Writ Contempt No. 67/2019
44. S.B. Writ Contempt No. 135/2019
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(2 of 4) [WCP-992/2018]
45. S.B. Writ Contempt No. 219/2019
46. S.B. Writ Contempt No. 220/2019
47. S.B. Writ Contempt No. 222/2019
48. S.B. Writ Contempt No. 223/2019
49. S.B. Writ Contempt No. 224/2019
50. S.B. Writ Contempt No. 252/2019
51. S.B. Writ Contempt No. 258/2019
52. S.B. Writ Contempt No. 287/2019
53. S.B. Writ Contempt No. 228/2019
54. S.B. Writ Contempt No. 332/2019
55. S.B. Writ Contempt No. 435/2019
56. S.B. Writ Contempt No. 441/2019
57. S.B. Writ Contempt No. 442/2019
58. S.B. Writ Contempt No. 465/2019
59. S.B. Writ Contempt No. 532/2019
For Petitioner(s) : Mr. Narendra Thanvi.
Mr. Ashok Thanvi.
Mr. P.C. Sharma.
Mr. Rajesh Shah.
Mr. Sushil Solanki.
Mr. Devendra Soni.
Mr. Prakash Devasi.
For Respondent(s) : Dr. Harish Purohit.
Mr. Navdeep Dadhich.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 25/04/2019 By order dated 07.01.2019, the Corporation was directed to file an affidavit of Financial Advisor and Chief Accounts Officer of the Corporation in relation to the requirements indicated in the said order.
The affidavit has been filed by one Mr. Gopal Vijay, Financial Advisor. The sum and substance of the affidavit is contained in para-10 and 17 of the said affidavit, wherein regarding the directions issued by this Court, it has been indicated that the Corporation is not in a position to make any other proposal except to keep on making the payment of retiral dues based upon the date of retirement irrespective of the fact whether an employee (Downloaded on 28/06/2019 at 12:43:19 AM) (3 of 4) [WCP-992/2018] has filed the petition or not and that the Corporation is not in a position to give any definite time-line for payment of retiral dues.
The said stand of the Financial Advisor based on the state of financial health of the Corporation, though most unfortunate, wherein for lack of funds with the Corporation, the Corporation has no way but to surrender by indicating its inability to comply with the directions issued by this Court and relying on certain other orders passed by this Court in similar nature contempt petitions directing payment based on the date of retirement, a feeble assurance has been given.
The petitioners besides other grievances have also raised grievance regarding the respondents not following priority based on the date of retirement in making payments and have indicated that certain persons, who retired later on have been made payment of the retiral dues alongwith interest.
Learned counsel appearing for the respondent-Corporation with all vehemence assures that the payment based on the availability of the fund shall be made based on priority on the basis of the date of retirement of the employees and attempted to explain that the exception has occurred only on account of the fact that in certain contempt petitions, which were decided individually, specific directions were issued for making payments.
A further submission has been made that only in case of death and marriage cases certain exceptions have been/can be made.
From the above fact situation, it is only expected of the respondents to continue to make efforts to get requisite funds for clearing the dues pertaining to retiral benefits of the petitioners (Downloaded on 28/06/2019 at 12:43:19 AM) (4 of 4) [WCP-992/2018] expeditiously and ensure that the payments are made strictly in accordance with the date of retirement.
However, in the circumstances of the case, based on the assurance given by the Corporation and the petitioners are made to approach this Court all over again, the petitions shall remain pending before this Court and instead of getting all the contempt petitions listed before this Court, S.B. Writ Contempt No. 992/2018, shall continue to get listed before the Court on 15 th of each month and in case 15th is a holiday, the same be listed on the next working day.
Before the date of each monthly listing, it would be required of the respondents/Corporation to file an affidavit pertaining to the status of the funds received by the Corporation and utilized for the purpose of making payment to the retired employees giving out the specific date of retirement of the employee, who has been last paid the said amount, as on the last date of the previous month.
S.B. Writ Contempt No. 992/2018 shall now be listed before the Court on 15.07.2019 and it would be required of the Corporation to place on record the status as on 30.06.2019.
Rest of the connected petitions shall stand adjourned sine die. However, it is directed that the office shall reflect names of all the counsel, who are appearing in the connected petitions in the cause list while listing S.B. Writ Contempt No. 992/2018.
In case, payment is made and any of the pending petitions become infructuous, appropriate applications may be filed by either of the parties for disposal of the petitions.
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