Roshan Lal v. S L Thaosen

1. This seems to be second round of contempt petition.

2. Petitioner had earlier filed a writ petition i.e. W.P. (C) No. 3884/2010 and vide order dated 15.07.2022 passed by learned Division Bench of this Court, the petitioner was held entitled to “Invalidity Pension” w.e.f. 15.07.1993 with interest @ 6% per annum. It was further directed that if the aforesaid amount was not released within four weeks, interest would stand increased to 10% per annum, until full payment.

3. Petitioner filed a contempt petition which was registered as CONT. CAS. (C) 41/2023 and when it was brought to the notice of this Court that respondent had already paid to the petitioner, a sum of Rs.19,12,477/towards such directions, petitioner withdrew the aforesaid contempt petition. CONT.CAS(C) 1797/2024 2

4. Now the contempt petition has been filed again with the assertion that he had believed, at the earlier point of time, that aforesaid payment was towards full and final satisfaction towards the aforesaid Court order. According to him, the aforesaid amount is rather “significantly short” of the actual amount, to which he is entitled in view of the aforesaid directions dated 15.07.2022.

5. There is no calculation sheet attached with the present contempt petition which may indicate as to on what premise, the petitioner feels that the amount in not in terms of the directions given by learned Division Bench of this Court.

6. Learned counsel for respondent appears on advance notice and submits that petitioner has not apprised about the fact that he himself had also sought review and such review petition was dismissed by the learned Division Bench on 10.05.2024 whereby he was also seeking entitlement to “Disability Pension” in addition to “Invalidity Pension”.

7. During course of consideration, learned counsel for respondent submits that when earlier the contempt petition had been filed, the calculation was also placed before the Court and as per her instructions, the entire amount in terms of the directions dated 15.07.2022 has been paid and, therefore, there is no question of there being disobedience of any such direction.

8. As a good gesture, learned counsel for respondent, on instructions, also submits that if the petitioner is having any kind of grievance or reservation and feels that there is any shortfall, he is at liberty to approach the respondent with a representation specifying the necessary calculation and as and when any such representation is received from him, every effort would be made to dispose of the same as expeditiously as possible. CONT.CAS(C) 1797/2024 3

9. In view of the aforesaid, present contempt petition stands disposed of, while granting liberty to the petitioner to file appropriate representation before the respondent, preferably, within a period of two weeks from today.

JUDGE NOVEMBER 29, 2024