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Judgment
These contempt petitions are filed alleging disobedience of the directions contained in the judgment of this Court in W.P.(C) Nos.27836 and 2235 of 2012.
The writ petitions were disposed of directing disbursement of gratuity that is due from the second respondent. When the case was heard, although we were inclined to think that it was the second respondent which was liable to make the payment of the amount, the difficulty expressed by the second respondent was the dearth of necessary funds. At that stage, we passed order dated 24.01.2018 directing the first respondent to explore the possibilities of releasing necessary funds in order to discharge the liability that is due to the petitioners. In compliance with the said order, statement dated 01.03.2018 has been filed by the Assistant Solicitor General, paragraphs 2 and 3 of which read as under:
"2. As per order dated 24.01.2018, this Hon'ble Court directed the 1st Respondent to submit before this Court as to whether necessary funds could be released from the corpus fund to the Additional 2nd Respondent for discharging the liabilities that are due to the Petitioners, subject to the condition that the same will be reimbursed as and when the State Government releases the funds. It is submitted that the additional 2nd respondent has submitted before this Hon'ble Court that they are currently not in possession of necessary funds for discharging the liabilities that are due to the Petitioners.
It is submitted that pursuant to the direction of this Hon'ble Court, the NCESS, the first respondent, in consultation with the Ministry of Earth Sciences, GOI, expresses its willing to advance necessary funds to the Additional 2nd respondent to discharge the liability that are due to the petitioners, subject to the condition that the amount will be subsequently reimbursed to NCESS. The KSCSTE and the State Government shall make a firm commitment and undertaking before this Hon'ble Court that they shall, before a specified date to be decided by this Hon'ble Court, reimburse to NCESS (1st Respondent) an equal amount along with the previous outstanding arrears."
In the light of the aforesaid statement and as the first respondent has agreed to release the required amount of funds, we dispose of the contempt petitions with the following directions:
(1) Within ten days from today, the second respondent shall inform the first respondent the amount that is required for settling the liability that is due to the petitioners.
(2) Once the intimation is received as above, within weeks thereafter, the first respondent will disburse necessary amounts to the second respondent.
(3) On receipt of amount from the first respondent, the second respondent shall disburse the amounts that are due to the petitioners within ten days of its receipt.
(4) In this process, it would be open to the first respondent to obtain necessary undertaking from the second respondent to reimburse the amount that is released to satisfy the liability that is due to the petitioners.
It is ordered that in the event of non-compliance with the above directions which are passed with the consent of the parties, it would be open to the petitioners to seek re-opening of the contempt petitions.