Punjab-Haryana High Court
Haryana Judges Association vs Shakuntla Jakhu, Ias, Chief Secretary, ... on 17 November, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
COCP No.3193 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
127
COCP No.3193 of 2014
Date of decision: November 17, 2014
Haryana Judges Association ...Petitioner(s)
Versus
Smt. Shakuntla Jakhu, IAS ...Respondent(s)
CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. H.S.Dhindsa, Advocate
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
*** It is the contention of the counsel for the petitioner that vide judgment dated 07.02.2013 (Annexure P-2) passed in CWP No. 14573 of 2011 titled as Haryana Judges Association vs. State of Haryana and another, Clause 4 of the Circular dated 28.12.2010 was held to be illegal and violative of the equality in the matter of benefits to the State employees. As a consequence thereof, petitioner was held entitled to the benefit of cash payment in lieu of Leave Travel Concession. Vide reply to the Miscellaneous Application i.e. C.M. No. 3727 of 2014 preferred by the petitioner, it was stated that the petitioner would be entitled to the benefit of the current block year 2012-2015, which is going on and would not be entitled to the benefit of the block year 2008-2011. While disposing PRERNA DATTA 2014.11.25 15:50 I attest to the accuracy and authenticity of this document High Court, Chandigarh COCP No.3193 of 2014 2 of the said application vide order dated 11.07.2014 (Annexure P-5), the Division Bench clarified that the legal consequences of the order alone are required to be examined in appropriate proceedings. Counsel, therefore, contends that the appropriate proceedings would be one, which are now initiated by the petitioner.
This contention of the counsel for the petitioner cannot be accepted in the light of the clear and categoric order passed by this Court on 11.07.2014 in C.M. No. 3727 of 2014 in CWP No. 14573 of 2011, which reads as follows:-
" The petitioner has sought review of the order dated 07.02.2013 passed by this Court, so as to grant benefit of the order to the officers, who have not availed leave travel concession in respect of block year 2008-2011.
This Court vide its order dated 07.02.2013 has struck down Clause 4 of the Circular dated 28.12.2010, whereby the decision of the State Government of cash payment in lieu of leave travel concession to the Judicial Officers was declined.
The grievance of the petitioner is that even those officers, who have not availed leave travel concession prior to the order of this Court i.e. in respect of first block year 2008-2011 should also be granted benefit of cash payment in lieu of leave travel concession.
Having heard learned counsel for the parties, we do not find that any direction as sought for is required to be PRERNA DATTA issued. The order of this Court striking down Clause 4 of 2014.11.25 15:50 I attest to the accuracy and authenticity of this document High Court, Chandigarh COCP No.3193 of 2014 3 the Circular dated 28.12.2010 is clear and categorical. The legal consequences of the order alone are required to be examined in appropriate proceedings, but we do not find that any further direction is required or contemplated.
Consequently, we do not find any merit in the present application. The same is dismissed."
In view of the above, it is clear that the application, which was preferred by the petitioner wherein they have specifically claimed benefit of Leave Travel Concession for the block year 2008-11, has been dismissed by this Court and obviously when the review petition was preferred by the petitioner, the clarification has been denied to the petitioner. The application specifically, on consideration of the submissions of the counsel, was dismissed by passing a speaking order.
In these circumstances, it cannot be said that the appropriate proceedings would be one, which are preferred by the petitioner i.e. the contempt proceedings. The present contempt petition, therefore, is dismissed being devoid of any merit.
(AUGUSTINE GEORGE MASIH)
November 17, 2014 JUDGE
pj
PRERNA DATTA
2014.11.25 15:50
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh