Central Administrative Tribunal - Allahabad
Ram Autar Tripathi vs Smt Madhulika P Sukul Cgda And Others on 2 February, 2023
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Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL,
ALLAHABAD BENCH, ALLAHABAD
Allahabad, this the 02nd day of February, 2023
Present :
Hon'ble Mr. Justice B.K. Shrivastava, Member-J
Hon'ble Mr. Mohan Pyare, Member-A
Civil Contempt Petition No. 330/00071/2018
In
Original Application No.371/2006
1. Ram Autar Tripathi S/o Ram Manohar Tripathi R/o-
H.No.-C-926, Vishwa Bank, Near Bada Park, Barra,
Kanpur Nagar, U.P.-208027.
2. B.K. Chaubey S/o Late Sri Chaturavedi through L.R.
Pawan Chaturvedi R/o-5/91 Durga housing society,
Shiv Katra Lal Bungla, Kanpur Nagar.
3. J.P. Soni S/o Late Sri Basudev, R/o-E.V.S. 41/11 Awas
Vikas 3, Panki Kanpur Nagar.
4. Hardeo Singh S/o Late Sri Mishri Singh R/o-L.I.G. 1384,
Awas Vikas 3, Panki Kanpur Nagar.
5. Kamta Prasad S/o Late Sri Swarika Prasad R/o-M.I.G.-4,
Barra-2, Kanpur Nagar.
6. M.N. Mishra S/o Late Sri Mahadev Mishra R/o-18-A-IV,
Durga Housing Society, Shiv Katra Lal Bungla, Kanpur
Nagar.
7. M.P. Tondon S/o Late Sri H.N. Tondon R/o-18-A-IV,
Durga Housing Society, Shiv Katra Lal Bungla, Kanpur
Nagar.
.......Petitioners.
By Advocate - Shri Ashwani Singh.
VERSUS
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1. Smt. Madhulika P. Sukul, the Controller General of
Defence Accounts, Ulan Batam Road, Palam, New Delhi.
2. Sri R.N. Dash, The Principal Controller of Finance and
Accounts (Fys), 10-A, Saheed Khudi Ram Bose Marg,
Koldata.
......Contemnors/Respondents/Opposite parties.
By Advocate : Shri M.K. Sharma.
ORDER
By Hon'ble Mr. Justice B.K. Shrivastava, Member-J :-
None present for the petitioners.
Shri M.K. Sharma, counsel for the respondents is present.
2. No one is appear on behalf of petitioners even in the second round.
3. The case was also listed on 07.12.2022 but the counsel for the petitioners was not present. This is the second chance, when the petitioners' counsel is not present.
4. The respondents' counsel heard. After perusal of the record, it appears that this contempt petition has been moved for non compliance of order dated 07.02.2012 passed in OA No. 371 of 2006. In Para No. 11 of the aforesaid order, the following directions were given:-
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"11. O.A. is allowed. The order dated 22.08.2005 (annexure A-1) is quashed and the applicants are directed to grant the benefit of second ACP to the applicants w.e.f. 09.08.1999 and the actual benefit may also be granted to the applicants w.e.f. 09.08.1999 and after retirement pension of the applicants shall be revised and commuted and other retiral benefits shall also be payable to them along with arrears of pension etc. The order shall be complied with by the respondents within a period of three months from the date when a copy of this order is received by them. In case of non-compliance of the Order within a period of three months from the date of receipt of the copy of order, the applicants shall be entitled to interest at the rate of 9% per annum on the arrears with effect from 09.08.1999 till the date of actual payment. The applicant shall also produce a copy of this order to the respondents at the earliest. No order as to costs."
5. The compliance affidavit has been filed by the respondents along with the various orders, calculations and the letters. It appears from the aforesaid documents that the sufficient compliance has been made. Therefore, no further action is required.
6. Accordingly, the contempt proceedings are dropped and the respondents are discharged from their liability.
(Mohan Pyare) (Justice B.K. Shrivastava)
Member(A) Member (J)
/Shakuntala/
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