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Judgment
Contempt of the order dated 28.9.2015 is alleged in this contempt petition where in S.B. Civil Writ Petition No.14748/2014 — Prahlad Singh Versus The Managing Director, Rajasthan State Road Transport Corporation & Ors. and 40 other matters, the Court while disposing of the petitions directed the Rajasthan State Road Transport Corporation (‘RSRTC’) to make payment of the due amount to the petitioner within a period of six months from the date of order alongwith interest @ 6% p.a. RSRTC thereafter filed application for extension of time for compliance of the said order, which was allowed.
The petitioner submits due amounts as directed have not been paid. Hence contempt.
Mr. Vinayak Joshi appearing for the contemnors submitted that substantial compliance with the aforesaid order has been made inasmuch as aside of the pension due which was paid to the petitioner immediately on retirement, he has been paid gratuity with interest when delayed beyond 6 months and also been given the benefit of arrears due resulting from application of the Vth and VIth Pay Commission. It has been submitted that however owing to large number of retirees, audit is underway with regard to due overtime payment, payment for working on the gazetted holidays and leave encashment etc. for ascertaining amount due. It has been submitted that as far as the direction, under the order dated 28.9.2015 to pay interest on amount due to the petitioner, is concerned, RSRTC is in review before the Single Judge setting out grave financial difficulties being faced by it for reasons of recurring losses in providing public transport to the citizens of Rajasthan on uneconomical routes. It has been submitted that in the event of the review petition being dismissed, RSRTC subject to its remedies would obviously be under an obligation to pay interest of due amounts upto the date of payment and discharge it.
Counsel for the petitioner however submitted that compliance of the order passed on 28.9.2015 is now pending for the last about 2 ½ years. The petitioner is a retired employee of RSRTC and of old age. He requires payment of amounts due as directed and cannot be made to await therefor indefinitely.
Heard. Considered.
The intent of the contemnors in compliance with the order dated 28.9.2015 cannot be doubted as substantial amount of the money due to the petitioner has admittedly been paid as pension and gratuity aside of payment of arrears due on account of the Vth and VIth Pay Commission. It is no doubt true that the aforesaid payment is not full compliance with the order dated 28.9.2015 passed by this Court, but in the overall facts that cannot presently entail punishment as time therefor is sought not on wholly untenable grounds. The contemoners are officers of a Corporation of State of Rajasthan.
They have no personal interest in delaying the payment due to the petitioner under the order of the Court except that in view of the number of employees involved and necessity of due caution while determining the amount of overtime, leave encashment and for working gazetted holidays, time has been expanded. Mr. Vinayak Joshi, counsel for the contemnors has submitted that about 2 another months will be needed for the amounts due to the petitioner being determined and a further two months thereafter for being paid. The contemnors are held to the statement of their counsel on this score.
As far as payment of interest is concerned, it has been submitted that RSRTC is in review before the Single Judge for reasons of it facing grave financial hardship even in making due payments on day-to-day basis for its buses operation and every day / sundry costs aside of monthly salaries to its current employees. The financial crunch is jeopardizing the very existence of the Corporation and the livelihood of its current employees. Further interest as directed would indeed be paid in the event of dismissal of the review petition and the Corporation resultantly being left without any remedy in regard thereto.
Having heard the counsel for the petitioner and counsel for the contemnors, I am of the considered view that substantial compliance of the order dated 28.9.2015 having been made and clear statement of complying with the remainder being made, contempt of the court, as alleged, cannot be made
out. There is clearly no willful default in complying with the order of this Court. Time consuming audits are under way to ascertain remainder due amounts and the financial condition of RSRTC is not in the pink of health. Further the respondents have undertaken to comply at an early date with regard to payment of remainder amount due under the court’s order dated 28.9.2015 and for payment of interest thereon subject to outcome of the review petition against the order dated 28.9.2015.
This contempt petition is accordingly disposed of recording the statement of Mr. Vinayak Joshi appearing for the contemnors on their instructions that the court’s order dated 28.9.2015 inter-alia regarding payment of overtime, working on gazetted holidays and leave encashment will be complied with within two months following completion of audit underway for the purpose which itself will be completed in two months from today. And that in the event of review petition against the order dated 28.9.2015 being dismissed, interest as directed by this Court will also be paid to the petitioner — from time when the amounts were due to the date of payment.
It however is provided that if the contemnors do not hold firm on the statement made on instructions by their counsel Mr. Vinayak Joshi, the petitioner would be free to first approach the Chairman-cum-Managing Director RSRTC by a representation who would be under an obligation to address the said representation within a period of 15 days of its receipt and ensure compliance as per this order. As a last resort, the petitioner would be free to move an application for recalling of this order.
Consequences inevitable as they will be will then follow.
Contempt petition stands disposed of accordingly.