Binod Kumar Singh vs The Union of India and Others

Hon''ble Justice Smt. Anjana Prakash

The petitioner seeks initiation of contempt against the Opposite Party for noncompliance of this Court''s order dated 27.7.2007 passed in CWJC No. 5777 of 2002. By the said order this Court had directed the respondents to consider whether the case of the petitioner falls within the expression "exceptional cases" as mentioned in Regulation 113(a) of the said Regulations i.e. the Army Pension Regulation, 1961 and, if not, to inform the petitioner in writing within a time frame as to why it did not fall within the "exceptional cases". In case it was within the meaning of "exceptional cases" the respondents were directed to dispose off the representation within a period of three months to be placed before Her Excellency the President of India. A show-cause has been filed on behalf of the Opposite Parties wherein it has been submitted that after due consideration it was held that the petitioner''s case is not within the meaning of "exceptional cases" however it was viewed with compassion and therefore he was given benefit of service gratuity. Pension was not payable to the petitioner on account of the fact that he had not fulfilled fifteen years of mandatory service.

The petitioner contends that he has qualified even for pension.

This Court is unable to initiate contempt against the Opposite Parties since evidently the Opposite Parties have complied with the direction of the Court''s order dated 27.7.2007. However, this shall not preclude the petitioner from seeking his remedy in accordance with law. With these observations, the application is disposed off.