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Judgment
By Hon’ble Mr. Rajnish Kumar Rai, Member (J):-
Heard Shri Saiyed Jafar Ishtiaque, learned counsel for the applicant and Shri Mahendra Prasad Mishra, learned counsel for the respondents.
This contempt petition has been filed for non compliance of order and direction passed by this Tribunal dated 17.12.2024 vide which, following direction was issued quoted as under:-
“11.Accordingly, instant Original application stands disposed of with a direction upon the respondents to take an appropriate decision in the matter, taking into consideration all aspect of the matter, rules and service record of the deceased employee, in accordance with law, under intimation to the applicants, within a period of three months from the date of receipt of a copy of this order.”
Learned counsel for the applicant submitted that judgment and order passed by this Tribunal has not been complied with, therefore, this contempt petition was filed. It is further submitted that the compliance affidavit so filed by the respondents wherein, they have passed the speaking order on 22.06.2026 is not in the spirit of direction issued by this Tribunal and has also filed an objection to the same. He further pleaded that the requisite documents so asked by the department has been furnished and the applicants’ being unmarried daughter of deceased employee, namely, Late Mustafa hussain has not been considered for family pension in their speaking order dated 22.06.2026.
Learned counsel for the respondents submitted that in pursuance to the direction passed by this Tribunal dated 17.12.2024, the requisite documents were asked by the applicant regarding their dependency about the deceased employee or his wife, who died in the year 1999; however, they failed to provide any requisite documents regarding dependency and considering this all aspects, the speaking order dated 22.06.2026 has been passed. Therefore, compliance of order and direction dated 17.12.2024 passed by this Tribunal is made out, accordingly, this contempt petition be dropped.
Heard learned counsel for the parties and from perusal of direction issued by this Tribunal, respondents were directed to take a decision in the matter, taking into consideration all aspect of the matter, Rules and service record of the deceased employee in accordance with law. We are also perused the speaking order dated 22.06.2026 which has been duly complied with, as per direction issued. Therefore, we are in opinion that no contempt is made out. Accordingly, the instant contempt petition is dropped and notices are discharged.
All associates MAs stands disposed of.
However, liberty is open to the applicant to avail appropriate remedy against the speaking order dated 22.06.2026 if so advise.