AI Structured Summary
Not yet generated for this judgment
Judgment
By Justice Rajiv Joshi, Member (Judicial)
Heard Shri Dharmendra Tiwari, learned counsel for the applicants and Shri Suraj Singh, 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 11.08.2025 passed in O.A. No. 1044/2023, whereby the following directions were given:-
“9 In view of the above discussions, rule position as well as Judgment of the Hon'ble High Court of Madhya Pradesh, the O.A. is allowed. The impugned order dated 21.11.2023 is quashed in respect of all the applicants. The respondents are directed to give the leave encashment of 300 days to the applicants within a period of three months from the date of receipt of a certified copy of this Order. All the pending MAs shall be deemed to have been disposed of. No order as to cost.”
Learned counsel for the respondents have filed short counter affidavit, wherein in para 9 of the same, it is stated that against the order of this Tribunal, Writ-A No. 3162/2026 was filed before the Allahabad High Court by the respondents (Union of India), whereby vide order dated 09.03.2026, 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 while passing the order impugned, has misinterpreted provisions of Rule 39(6)(a)(iii) of the CCS (Leave) Rules ('Rules') inasmuch as the said provisions inter-alia provides for including the period for which encashment was allowed at the time of retirement', which necessarily means the retirement of the re-employed from the previous employment, only based on provisions of Rules 34 of the Rules, which cannot be read in isolation
2.In view of the submissions made, issue notice to respondents no. 2, 3 & 4, returnable six weeks.
3.Issue notice on the stay application also.
4.In the meanwhile and till further orders, execution of the order dated 11.08.2025 passed in O.A. No. 1044 of 2023 passed by the 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.