High CourtsSingle Bench(2001) 06 JH CK 0005

Kedar Nath Singh vs Vijay Shankar Dubey and Others

Jharkhand High Court · Decided on 7 June 2001

HON’BLE JUDGES
S.J. Mukhopadhaya, J
RESULT
Dismissed
CASE NUMBER
MJC No. 128 of 2000

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Judgment

6 paragraphs · 246 words

S.J. Mukhopadhaya, J.—The petitioner has preferred this contempt petition for initiating proceeding against the opposite party for alleged violation of order of this Court dated 31st August, 1999 passed in CWJC No. 157/ 99 (R). It was alleged that the opposite parties have not paid the rest of the pension and Gratuity amount inspite of specific direction of this Court and dismissal of appeal. (L.P.A.).

2.

The Counsel for the Board handed over an Account Payee cheque dated 5th June. 2001 for Rs. 1,28,920.25 ps. issued in the name of petitioner, to his counsel Mr. A. Banerjee. Such amount is stated to have been paid as final payment towards Pension arrears (Rs. 29,780/-) and D.C.R. Gratuity (Rs. 99,140.25 ps.). subject to the decision, as may be taken by the Hon''ble Supreme Court in SLP No. 16780 of 2000, preferred against the order in question.

3.

The counsel for the petitioner states that the petitioner is also entitled for revised pensionary benefits in terms with the revision of pay, as made effective from 1.1.1996.

4.

Having regard to the facts and circumstances, this Court is not inclined to proceed in the matter. The opposite parties may pursue SLP and this payment, as made, will be subject to the decision of the Supreme Court. If the petitioner is entitled for revised pension in terms with the revision of pay, as made effective from 1.1.1996, may approach the competent authority.

5.

The M.J.C. application is dismissed.

6.

Application dismissed.