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Judgment
This CP has been filed by the petitioner against the alleged contemnor for non-compliance of Order dated 27.10.2021 passed by this Tribunal.
On 27.10.2021, when the matter was taken up by this Tribunal, the following Order was passed:-
“This matter relates to grant of subsistence allowance @75% from the date immediately after 90 days.
In view of that, issue notice to the respondents under Rule 11(1)(i) of CAT (Procedure) Rules, 1987 returnable within four weeks.
List on 17.12.2021. In the meantime, the subsistence allowance, if not paid, shall be paid to the applicant in accordance with law.”
However, learned counsel for the petitioner submits that the applicant has been granted subsistence allowance @50% instead of @75%. However, from the Order, it appears that as an interim measure, it was directed that if the subsistence allowance has not been paid, it shall be paid to the applicant in accordance with law. Accordingly, there is no such direction to give enhanced the subsistence allowance @75%, and it is for the concerned Authority to decide the subsistence allowance as per FR 53.
In view of that, we do not find any contempt made on the part of the alleged contemnor. Accordingly, CP is closed.