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Judgment
ORDER
By Hon’ble Mr. Justice Om Prakash VII, Member (J)
The present contempt petition has been filed by the applicants of O.A.No. 367/2006 for non-compliance of order passed on 18th October, 2011 by this Tribunal, by which the Tribunal had passed the following orders:-
“8.O.A. is allowed. Impugned order dated 3.4.2006 is quashed and respondents directed to grant the benefits of ACP II Scheme to the applicants from the date of their entitlement and from the stage when it has been stopped, arrears if any as a consequence of stoppage of pay shall also be paid to the applicants. Respondents are directed to comply with the order within a period of three months from the date when the copy of this order is produced before him. Applicants shall produce copy of this order before the respondent No. 3 at the earliest.”
Notices were issued to the respondents. Compliance Affidavit has been filed by the learned counsel for the respondents on 29.1.2019. It is stated that order passed by this Tribunal has been challenged before the Hon’ble High Court in W.P. No. 54262/2016 and Hon’ble High Court passed interim order dated 16.11.2016 that “Any benefit given to the respondents on the basis of order passed by the Tribunal shall be subject to the decision of the writ petition.” It is stated that in compliance of the CAT order dated 18.10.2011 pay fixation of applicants Nos. 1,2 and 4 to 10 had been done. So far as pay fixation of applicant No. 3 is concerned, it is submitted that as per relaxation (who attained the age of 45 yaers at the time of financial upgradation under ACP may be allowed ACP in relaxation of passing of DGOF Supervisory Competency test) given by OFB Kolktatta vide letter dated 15.7.2010, the applicant No. 3 was given ACP II w.e.f. 9.8.1999 vide order dated 16.9.2010. Thus, order passed by the Hon’ble Tribunal dated 18.10.2011 has been complied with in its letter and spirits and the applicants have been directed to collect their cheques of arrears from the factory.
Heard the learned counsel for the parties and perused the entire material available on record.
Since the order passed by this Tribunal has been complied with by the respondents and arrears of the applicants have been passed by the Accounts Officer, Ordinance Factory, Kanpur and applicants were directed to collect their cheques from the factory, we are of the opinion that respondents have complied with the order passed by this Tribunal and nothing survive to be adjudicated in the present contempt petition.
Accordingly, contempt petition is closed. Notices issued to the respondents stand discharged. All MAs, pending in this contempt petition also stands disposed off.
No order as to costs.