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Judgment
By Justice Rajiv Joshi, Member (Judicial)
Heard Shri S. K. Kushwaha, learned counsel for the applicant and Shri Anil Kumar, learned counsel for the respondents.
The instant Contempt Petition, u/s 17 of the Administrative Tribunal Act, 1985, has been filed for non-compliance of the order dated 14.08.2025 passed in O.A. No.1139/2013 whereby the following directions were issued:
“Accordingly, OA is allowed. Impugned orders dated 2.11.2012 (Annexure A-1), 12.12.2012 (Annexure A-2) and letter dated 3.4.2013 are hereby quashed and respondents are hereby directed to extend the benefit of restructuring for upgrading the applicant in PW-I Grade 1since 1.1.1984 and all the consequential benefits be also extended on that basis revising the PPO, calculating the salary and arrear thereof be also paid to the applicant. These exercise shall be completed within a period of three months from the date of receipt of a certified copy of the order. There shall be no costs. All associated MAs are disposed of.”
Learned counsel for the respondents submits that the order of this Tribunal has already been complied with and in this regard a compliance affidavit has also been filed. In para 3 of the said affidavit, it is stated as under:
“3.That, in pursuance of the order of the Hon'ble Tribunal order dated 14.8.2025 passed in O.A. No. 1139 OF 2013 for which this present C.P. has been filed, applicant's has been extended the benefit of restructuring for upgrading in Grade I from due date and all the consequential benefit i.e. difference of salary with arrears, DCRG, Leave encashment has been paid, vide letter dated 12.05.2026, and accordingly revised PPO dated 16.04.2026 has been also send to the concerned bank for necessary payments. Thus order has been compiled. True copyof Revised PPO dated 16.04.2026 and order of difference of other benefits dated 12.5.2026 are herewith annexed as Annexure No. 1 & 2 of the compliance affidavit.”
On the other hand, learned counsel for the applicant has submits that the order of this Tribunal has not yet been complied with and in this regard he has filed rejoinder reply to the compliance affidavit filed by the respondents. In para 3 of the said rejoinder reply it is stated as under:
“3.That the contents of paragraph No.3 of the compliance affidavit is not admitted as it stands hence vehemently denied. The Hon'ble Tribunal has directed the respondents to '. extend the benefits of restructuring for upgrading the applicant in PW-1 Grade I since 01.01.1984 and all the consequential benefits be also extended on that basis revising the PPO, calculating the salary and arrears thereof be also paid to the applicant.......' But in the para under reply there is no details of calculating the salary, arrears, revision of pension details since retirement in 6th CPC and 7th CPC. Moreover, there is no details given what pay had been fixed as on 01.01.1984 after upgrading his pay as PW-1/Grade-I. Respondents have stated that they extended the benefit of restructuring for upgrading in Grade-1 from due date i.e. 01.01.1984 which is vague as there is no details have been given for satisfaction of their averments. So far as the benefits which are not allowed to the applicant, as the details has not been given, are that:-
i.The respondents have not allowed chart of fixation of pay after fixation made since 01.01.1984 and deliberately ignored to file with the so-called compliance affidavit.
ii.The seniority of applicant in CPW-I and AEN was kept in abeyance by CPO/Kolkata on February, 1995 but it has neither been corrected nor implemented.
iii.The juniors of applicant namely Sri D. Santosh and A.. N. Sharma were promoted as AEN in the year 1989 but the applicant has not been allowed the same.
iv.Last pay of D. Santosh was approximately 13000/-but last pay of applicant in PPO is shown as 11250/-.
v.Respondents have not supplied the chart of pay fixation and have refused to discuss with the applicant to bring the correct facts in light.
vi.The respondents have to give the details of calculation and the applicant has strong guts that the respondents have done some mistake which the respondents should be correct, this is averred by the applicant for want of undisclosed facts which are deliberately done by the respondents.
In this regard the applicant has also submitted representation before the respondents on 12.05.2026 and 10.06.2026 but they have not allowed the benefits as directed to the respondents by this Hon'ble Tribunal. After fixation alongwith all consequential benefits accrued to the applicant in pursuance of order of this Hon'ble Court dated 14.08.2025. Photo copy of representation dated 12.05.2026 and 10.06.2026 are being filed herewith and marked as Annexure RR-1 with this rejoinder reply.”
From the perusal of the compliance affidavit, it is evident that the order of this Tribunal has been complied with as the respondents have extended the benefit of restructuring for upgrading in Grade-I from due date to the applicant and have also paid difference of salary with arrears, DCRG, leave encashment vide letter dated 12.05.2026 and have also issued revised PPO dated 16.04.2026.
In view of above, it is evident that the order of this Tribunal has been complied with. Under these circumstances, the proceedings of the instant Contempt Petition is closed and consigned to record. Notices issued to the respondents have been discharged.
M.A., if any, stands disposed of, accordingly.