Punjab-Haryana High Court
Uday Singh And Another vs Anuraga Rastogi on 6 August, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
COCP No.1488 of 2012 (O&M)
Date of decision: 6th August, 2012
Uday Singh and another
Petitioners
Versus
Anuraga Rastogi
Respondent
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. Naveen Daryal, Advocate for the petitioners.
Mr. Ashok Jindal, Addl. Advocate General, Haryana
for the respondent.
RAKESH KUMAR GARG, J. (ORAL)
Disobedience of the order dated 28th January, 2002 passed by this Court in CWP No.1971 of 2000 has been alleged in this petition.
The relevant part of the reply filed by way of an affidavit of Anurag Rastogi, Excise and Taxation Commissioner, Haryana reads as follows:
"1. That in compliance of the orders dated 28.1.2002 of the Hon'ble High Court passed in CWP No.1971 of 2000, an order dated 2.7.2010 (copy enclosed as Annexure R-1) was issued by the respondent to grant the ACP and pensionary benefit of past service rendered in HSMITC to the petitioners subject to the decision of SLP No.9493 of 2007 pending before the Hon'ble Supreme Court (Later on, the ibid SLP was disposed off on 18.7.2011). Accordingly, the petitioners were asked to deposit the employer share vide memo no.261/BC, dated 9.6.2011 and 262/BC dated 9.6.2011 (copies enclosed as Annexure R-2 and R-3 respectively). Reminder in this regard was also given to the petitioners to deposit the employer share along with interest. But the petitioners failed to COCP No.1488 of 2012 (O&M) 2 deposit the employer's share. As such, benefit of past service rendered in HSMITC could not be granted/released at that point of time.
2. Thereafter, the petitioners (Sh.Uday Singh and Sh.Jasmer Singh) were asked to deposit the amount of Rs.64547/- as employer share and 143811/- as interest and 49128/- as employer share and 108707/- as interest respectively vide memo No.207/EXA, dated 29.5.2012 and 206/EXA dated 29.5.2012 respectively.
3. Ultimately, the petitioners deposited the employer share along with interest on 5.6.2012. As the petitioners deposited the employer share, the respondent granted the higher standard pay scale, revision of pay scale from 1.1.1996 and 1st and 2nd ACP vide order No. 307/EXA dated 6.6.2012 and 312/EXA dated 6.6.2012 respectively and disbursed the arrear to the petitioners. Pension, gratuity, leave encashment, provident fund, GIS and DA had already been granted/paid to the petitioners. Revised leave encashment has also been granted. The revised pension case has been sent to the Accountant General (A&E), Haryana for revision of pension and gratuity vide memo No.503 dated 23.7.2012 and 501 dated 23.7.2012.
In view of the above submissions, the order of the Hon'ble Court has been implemented. The respondent holds the orders passed by this Hon'ble Court in highest esteem and cannot even think of flouting any order passed by this Hon'ble Court or any other Court. The respondent took all necessary steps to implement the directions issued by this Hon'ble Court. Still if this Hon'ble Court comes to the conclusion that any act attributable to the answering respondent tantamounts to contempt of this Court, the answering respondent tenders his unconditional and unqualified apology for the same."
In view of the aforesaid averments made in the reply, this Court is not inclined to proceed further with this contempt petition. COCP No.1488 of 2012 (O&M) 3
However, learned counsel for the petitioners has further submitted before this Court that the petitioners have not received the revised orders for payment of pension and gratuity and the same is still pending consideration before the Accountant General (A&E), Haryana.
Be that as it may, in case the revised orders for payment of pension and gratuity of the petitioners are not received by them within two months from today, they shall be at liberty to revive this contempt petition.
Disposed of.
(RAKESH KUMAR GARG) JUDGE August 6, 2012 rps