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Judgment
ORDER
(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)
Shri Shashi Kant Rai, learned counsel for the petitioner and Shri Ajay Kumar Rai, learned counsel for the respondents, are present.
The instant contempt petition vide no. 88 of 2024 was filed by the petitioner alleging willful disobedience and non-compliance of the order dated 18.09.2023 passed by this Tribunal in Original Application No. 733 of 2023.
At the outset, learned counsel for the petitioner states that substantial compliance of the directions given by this Tribunal while deciding the OA has not been made by the respondents. He further argued that despite a clear direction of the Tribunal, the representation of the applicant has not been decided by the respondents till date to the extent that length of service of the applicant may be increased and consequential benefits may be given accordingly.
Learned counsel for the respondents states that compliance of the directions of the Tribunal has been made and speaking order has been passed in this regard. Referring to the compliance affidavit dated 06.09.2024, learned counsel further argued that the representation of the applicant was considered and decided by way of a reasoned and speaking order dated 15.12.2023. Respondents’ counsel further argued that vide order dated 09.07.2024 issued by the department, the applicant was advised to provide details / documents like bank pass book, Aadhar card, PAN card etc. so that arrears of pensionary benefits be paid to the applicant but the same have not been provided by the applicant yet. Thus, prayer was made on the part of the respondents’ counsel that proceedings of the instant contempt petition be closed and notices be discharged.
We have considered the rival contentions and gone through the record.
The limited direction which was given to the respondents in the judgment dated 18.09.2023 passed in the subject OA is as follows:
“4.In view of the limited prayer made by learned counsel for the applicant, no useful purpose will be served in keeping this OA pending. Therefore, without entering into the merits of this case, the OA is disposed of at the admission stage itself with a direction to the competent authority amongst the respondents to decide the representation dated 09.06.2023 (Annexure AN-2) moved by the applicant by passing a reasoned and speaking order within a period of four months from the date of receipt of a certified copy of this order. The order so passed shall be communicated to the applicant without any delay. No costs. All associated MAs are disposed of.”
The above quotation makes it abundantly clear that respondents were just directed to decide the pending representation of the applicant in a time bound manner and by way of a reasoned and speaking order. In compliance of the same, the order dated 15.12.2023 was passed by the respondents a perusal of which reveals that it is a reasoned and speaking order. Further, a perusal of the record also reveals that vide letter dated 09.07.2024 issued to the petitioner, the petitioner was asked to supply certain documents which were required for processing arrears of pension but the same have not been supplied by the petitioner. Thus, we are of the considered view that since limited direction issued in the judgment passed in the subject OA has been complied with and a reasoned and speaking order has been passed in that regard, nothing sustains in the instant contempt petition and therefore the same is liable to be closed.
Accordingly, the proceedings of the instant contempt petition are closed and notices are discharged. All associated MAs stand disposed of. The petitioner is also hereby advised to supply the requisite documents to the respondents’ department so that the arrears of his pension may be calculated and processed.