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Judgment
By Justice Rajiv Joshi, Member (Judicial)
Heard Shri Satish Dwivedi, learned counsel for the applicant and Shri Deepak Maurya holding brief of Shri Ajay Kumar Rai, 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 21.03.2025 passed in O.A. No. 57 of 2010 whereby the following directions were issued:
“17.On the basis of above discussions, we are of the considered opinion that the OA is liable to be allowed and accordingly is allowed. The order dated 12.10.1992, 18.12.2009 and 14.12.2009 is quashed and set aside. The respondents are directed to treat the deceased husband of the applicant in service till his death and take steps for sanction and settlement of retiral dues including family pension to the applicant. It is made clear that as the applicant has not worked during the period of his absence, he is not entitled for any back wages. The above exercise should be completed within a period of four months from the date of receipt of certified copy of this order. No order as to costs.”
Learned counsel for the parties submit that against the order of this Tribunal, Writ-A No. 9769/2026 was filed by the respondents (Railways) before the Hon’ble Allahabad High Court, wherein vide order dated 10.07.2026, the effect and operation of the order of this Tribunal has been stayed. For better understanding, the relevant portion of the said order is quoted as under:
“1.It is submitted by counsel for the petitioners that the Tribunal has proceeded on the assumption that the petitioners have not enclosed the charge memo and documents to indicate that attempts were made to serve the said charge sheet on the deceased, husband of the respondent, which is contrary to the record inasmuch as along with the counter reply, filed as Annexure-18, the charge sheet was filed as CA-09 along with the letter as well the ex-parte proceedings as CA-10 & CA-11 respectively.
2.In view of the submissions made, issue notice to the respondent returnable within six weeks.
3.In the meanwhile and till further orders, effect and operation of order dated 21.03.2025 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad, shall remain stayed.”
Since the effect and operation of the order of this Tribunal has been stayed, no useful purpose would be served in keeping the present contempt petition pending.
Accordingly, the proceedings of the instant Contempt Petition stands closed and consigned to record. However, the applicant is at liberty to approach this Tribunal through appropriate proceedings, if he is aggrieved by any aspect of the compliance or the actions of the Respondents.
M.A., if any, stands disposed of, accordingly.