Rajasthan High Court - Jodhpur
Ramesh Kumar Baweja vs Kuldeep Ranka And Anr on 16 September, 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. 737/2018
2. S.B. Writ Contempt No. 793/2019
For Petitioner(s) : Mr. Narendra Thanvi.
Mr. P.C. Sharma.
Mr. Sushil Solanki.
Mr. Devendra Soni.
Mr. Prakash Devasi.
Mr. Shardul Bishnoi.
Mr. S.L. Kumawat.
Mr. Dev Anand Solanki.
For Respondent(s) : Mr. Harish Purohit.
Mr. Navdeep Dadhich.
Mr. Suniel Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 16/09/2019 Affidavits dated 17.8.2019 and 16.9.2019 filed by the respondents have been considered in terms of the earlier directions dated 25.4.2019 and 15.7.2019 passed by this Court.
In affidavit dated 17.8.2019, it has been indicated that the respondent - corporation has received a sum of Rs.33.55 crores from the State, which amount has been utilized for payment of salary and pension and that a sum of Rs.601 lacs has been paid to the retired employees towards gratuity in cases of hardship.
A perusal of the statement produced alongwith the affidavit inter alia contains payment of "interest on gratuity payment"
amounting to Rs.1 crore 12 lacs.
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(2 of 2) [WCP-992/2018] In the affidavit dated 16.9.2019, it is indicated that a sum of Rs.78 lacs has been released to the retired employees, who were having marriages of their sons/daughters and are suffering from serious illness.
A perusal of the affidavits and the details annexed therewith do not indicate the manner, in which and the persons who are the recipient of the amount i.e. Rs.601 lacs as indicated in affidavit dated 17.8.2019 and Rs.78 lacs as per affidavit dated 16.9.2019 have been arrived at.
Further as to how the rest of the amount of 33.55 crores has been utilized by the respondents has also not been indicated.
The justification for making payment of interest on gratuity to the employees, who have already received the gratuity while not making payment to the persons who have not received any amount under the head, also requires justification on part of the respondents as apparently the said action cannot be approved on part of the respondents.
In view thereof, needful be done providing all details as indicated hereinbefore pertaining to affidavits dated 17.8.2019 and 16.9.2019 before the next date.
List the petitions on 27.9.2019.
(ARUN BHANSALI),J 52 to 54 Sumit/-
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