Uttarakhand High Court
Hon'Ble Sharad Kumar Sharma vs The Said Writ Petition Was Disposed Of ... on 25 February, 2019
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
CLMA No. 409/2019 (Delay condonation application in compliance affidavit) CLMA No. 1562/2019 (Delay condonation application in response affidavit) In CLCON No. 873 of 2018 Hon'ble Sharad Kumar Sharma, J.
Mr. Devendra Singh Bohra, Advocate for the applicant.
The petitioner is of about 63 years of age having retired from the services of the respondent on 31.03.2016. He is craving for the grant of his post retiral benefits. When there was an absolute denial and no heed was paid he preferred a writ petition being Writ Petition No. 1492/2018 (S/S) 'Chandan Singh vs. State of Uttarakhand & Others' for grant of pensionary benefits, arrears of gratuity w.e.f. 31.03.2016. The said writ petition was disposed of with the following directions:
"In my view, shortcoming should have been reported to the petitioner at the time when he submitted his papers. The matter has been kept pending for a period of two years, therefore, in such circumstances, I direct the Executive Engineer, Provincial Division (Nodal) Division, P.W.D. Almora and Chief Engineer Kumaon Region, Almora to get the pension papers of the petitioner corrected and completed within a period of one month from today and thereafter send the same to the Chief Treasury Officer, Almora. The Chief Treasury Officer, Almora is also directed to look into those documents and pass appropriate order for grant of pension and other post retrial dues to the petitioner within a period of two weeks thereafter. The writ petition stands disposed of. All pending applications also stand disposed of."
The direction as issued to the Executive Engineer, Provincial Division (Nodal) Division, Kumaon Region, Almora and Chief Engineer Kumaon Region, Almora, to get the defect which was pointed out in the documents which were creating hurdle on grant of pension to the petitioner, for processing pensionary benefits has been removed. However, the Chief Treasury Officer, who was issued with the direction to pass an appropriate order for the grant of pension and other retiral dues has not complied the order within the time specified in the judgment dated 29.08.2018. This is an apparent non-compliance of the judgment passed by this Court. The respondent no. 3 is directed to appear in person day after tomorrow, i.e. 27.02.2019, with the word of caution for him to either comply the order or face the charge for commission of contempt and consequently, a punishment too has contemplated under the Contempt of Courts Act.
Put up this case on 27.02.2019.
(Sharad Kumar Sharma, J.) 25.02.2019 Pooja