Ram Kumar vs Shri K.S. Bhoria, IAS and Another

Surya Kant, J.—The petitioner filed CWP No. 13695 of 2005 which was disposed of on May 30, 2006 on the basis of a statement made on behalf of the respondents to the effect that "the petitioner shall be granted 100% provisional pension within a period of one month...".

Alleging willful breach of the above mentioned undertaking, this contempt petition has been filed.

In response to the show cause, an affidavit dated 31.8.2006 has been filed by Shri K.S. Bhoria, IAS, Financial Commissioner & Principal Secretary to Govt. Haryana, Home Department, which is taken on record.

Shri Nirmal Singh, DGP, Haryana has also filed his affidavit dated 29.8.2006 and along with the said affidavit, he has appended a copy of the PPO dated 13.7.2006 (Annexure R-1) vide which the Accountant General (A&E), Haryana has released provisional pension in favour of the petitioner.

Learned Counsel for the petitioner, however, submits that the pension amount has not yet been received by the petitioner. Having regard to the fact that in compliance to the undertaking given before this Court, the respondents have issued the necessary orders for the release of the provisional pension, this petition is disposed of with a direction that the entire arrears of the provisional pension which has been granted to the petitioner with effect from 1.4.2003 be paid to him within a period of one month from today subject to the fulfillment of formalities, if any, at the end of the petitioner. Similarly, the petitioner shall be paid the monthly provisional pension regularly in future.

Disposed of.

Rule discharged.