Pramod Kumar Pidiha vs R.K. Prajapati The Devisional Pension ... on 24 March, 2023

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Madhya Pradesh High Court

Pramod Kumar Pidiha vs R.K. Prajapati The Devisional Pension ... on 24 March, 2023

Bench: Sheel Nagu

IN THE HIGH COURT OF MADHYA PRADESH
                  AT JABALPUR
                    BEFORE
       HON'BLE SHRI JUSTICE SHEEL NAGU
           ON THE 24th OF MARCH, 2023
     CONTEMPT PETITION CIVIL No. 948 of 2021


      BETWEEN:-

      PRAMOD KUMAR PIDIHA S/O SHRI
      VIJAY SHANKAR PIDIHA, AGED ABOUT
      62  YEARS,  OCCUPATION:     RETD.
      LECTURER, R/O H.NO. 382, NEAR
      DHOBIYA TANKI BADWAR HOUSE,
      REWA (MADHYA PRADESH)
                                          .....PETITIONER

      (NONE)

                      AND

1.    R.K.  PRAJAPATI, THE  DEVISIONAL
      PENSION OFFICER, REWA DIVISION,
      REWA (MADHYA PRADESH)

2.    K.P TIWARI,  DISTRICT EDUCATION
      OFFICER, DISTT.   REWA  (MADHYA
      PRADESH)

3.    MOHD. ABAAD KHAN, PRINCIPAL GOVT.
      HIGHER. SECONDARY SCHOOL NO. 2,
      DISTT. REWA (MADHYA PRADESH)

                                        .....RESPONDENTS
                                             -   2 -


               (BY SMT. GULAB KALI PATEL - GOVERNMENT ADVOCATE)


------------------------------------------------------------------------------------------------
       This petition coming on for admission this day, the Court passed
the following:

                                         ORDER

Advocates are abstaining from Court work.

2. Present petition alleges disobedience due to non compliance of final order dated 01.03.2021 passed in WP. No.4793/2021 wherein following direction was passed:-

"Considering the aforesaid facts and circumstances of the case, this writ petition is disposed off with direction to Divisional Pension Officer, Rewa Division, Rewa i.e. respondent No.3 to consider and decide the representation of petitioner and also consider the order passed by this Court in W.P. No.10240/2008 within a period of 30 days from the date of receipt of certified copy of the order passed today by passing a reasonable and speaking order.

Petitioner is directed to supply a copy of the order passed by this Court along with the decision relied upon by petitioner before the appropriate authority."

3. Respondents have filed reply on 02.11.2022 accompanied by Annexrure R/1 dated 31.10.2022 rejecting the claim of petitioner by passing aforesaid speaking and reasoned order. No rejoinder to the compliance report has yet been filed by petitioner and; therefore, this Court in the given facts and circumstances of the case deems it appropriate that compliance has been made.

- 3 -

4. However, since compliance has been made with considerable delay compelling petitioner to file this avoidable piece of litigation, petitioner is entitled to cost of this petition which is quantified as Rs.2,000/- to be paid by respondents through digital transfer. The cost be paid within 30 days, failing which matter be listed as PUD before appropriate Bench.

5. In view of above, no useful purpose will be served to continue with this contempt petition.

6. Accordingly, present contempt petition stands dismissed. Rule Nisi stands discharged.

7. Petitioner is always at liberty to assail order of compliance in accordance with law.

(SHEEL NAGU) JUDGE mohsin Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2023.03.25 12:01:11 +05'30'

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