DC Murmu v. Vijay Ranjan & Ors.

1. The present petition has been filed alleging wilful and deliberate disobedience of the judgment dated 14th March, 2023, passed by this Court in W.P.(C) 11167/2018.

2. It is to be noted that by way of the order dated 14th March, 2026, following directions had been issued: “xxx xxx xxx

12. Accordingly, the impugned order dated 01.08.2017 is set aside and it is held that the impugned action of recovery of Rs.20,964/is illegal and against the law propounded by the Supreme Court. Respondent No.2 is accordingly directed to refund the amount of Rs.20,964/- to the Petitioner within a period of three weeks from today along with interest @ 6% per annum, computed from the date of recovery till the date of actual payment. If any payments remain outstanding to the Petitioner towards arrears on account of re-fixation of revised pension, due to pendency of the issue pertaining to the recovery, same shall also be released within six weeks.

13. This Court cannot help but notice that for an amount of Rs.20,964/-, Petitioner has been made to run from pillar to post from 17.10.2017, when he sent a legal notice, to the filing of an original application being I.A. No. 1795/2018 before the Central Administrative Tribunal, which was withdrawn as not maintainable and finally, the present writ petition which was filed in October. 2018. Even in this Court, Petitioner has been prosecuting the petition for the last 5 years and SPMCIL has been contesting the case. Accordingly, the writ petition is allowed with cost of Rs.20,000/- payable to the Petitioner along with the refund, as directed above. xxx xxx xxx”

3. Perusal of the aforesaid shows that the Court had directed refund of an amount of Rs. 20,964/- to the petitioner, along with an interest @ 6% per annum, computed from the date of recovery till the date of actual payment. Further, a cost of Rs. 20,000/- was also imposed upon the respondents, to be paid to the petitioner.

4. Learned counsel appearing for the petitioner has also drawn the attention of this Court to the Office Order dated 23rd May, 2023, wherein, an amount of Rs. 20,964/-, along with the interest as calculated by the respondents, has been refunded to the petitioner.

5. Thus, as per the aforesaid Office Order, an amount of Rs. 48,238/- has been refunded to the petitioner. The said Officer Order dated 23rd May, 2023, reads as under:

6. It is further to be noted that the cost of Rs. 20,000/- has also been paid to the petitioner, the proof of which, as filed before this Court, is reproduced as under:

7. Accordingly, the sums as directed to be paid by the judgment dated 14th March, 2023, stand paid to the petitioner.

8. This Court also takes note of the submission made by learned counsel appearing for the respondents that in terms of paragraph 12 of the judgment dated 14th March, 2023, wherein, the Court had directed if any payments remain outstanding to the petitioner towards arrears on account of refixation of revised pension, the same shall also be released to the petitioner.

9. As per learned counsel appearing for the respondents, all the amounts stand paid to the petitioner. The relevant portions of the Compliance Affidavit in this regard, are reproduced as under: “xxx xxx xxx

10. Per contra, it is the case advanced on behalf of the petitioner that full amounts have not been paid to the petitioner.

11. However, this Court cannot go into any such issues with regard to any further amounts, which are payable to the petitioner, in the absence of any specific directions in the order, compliance of which, is sought in the present proceedings.

12. In case the petitioner has any other claim with regard to any other amount payable to the petitioner, the petitioner is at liberty to seek remedies, in accordance with law.

13. No further orders are required to be passed in the present petition.