Virender Kaur vs Madhup Vyas

S.N. Terdal, J

We have heard Mr. Harpreet Singh, counsel for petitioner and Shri R.K.Jain, counsel for respondent, perused the pleadings and all the documents produced by both the parties.

This Contempt Petition has been filed for the alleged non compliance of the order dated 6.09.2017 passed in OA No. 2451/2015. The operative portion of the said order is extracted below:

"5. Under the circumstances, this OA is disposed of with direction to the respondents to grant all consequential benefits flowing from relief (ii) and pass a reasoned and speaking order to that effect within a period of three months, as per rules."

After issuing the notice in this Contempt Petition, the Contemnor has filed compliance affidavit on 05.12.2018 along with the speaking order no.8420/AC/SZ dated 15.11.2018. The operative portion of speaking order is as follows:

"a) On the recommendations of the departmental promotion committee held on 21/07/2016, the ad-hoc appointment of the applicant to the post of Community Worker has been stands regularized w.e.f. 26.04.1998 by the Community Services Department, North Delhi Municipal Corporation under the approval of the Competent Authority vide O.O. No. D-648/CSD /HQ/ 2016 dated 21.09.2016.

b) Further on the recommendations of the Screening Committee held on 08.02.2017 under the approval of the Competent Authority the applicant has also been granted Ist financial up gradation under ACP scheme from 27.04.2001 in the pay scale of Rs.4500-7000/-and subsequently also granted 2nd financial up gradations under MACP scheme w.e.f. 27.04.2009 in the pay scale of Rs.9300-34,800 with grade pay of Rs.4200 and accordingly her pay has also been fixed vide 0.0 No.AC/SZ/2017/2244 dated 10.03.2017.

c) Taking into account the grant aforesaid benefits under ACP and MACP scheme, the applicant herein has also been paid all the dues/payments by the CSD Department, South Zone as per following details:

i) Difference of leave encashment amounting to Rs.67,975/- has already been paid vide cheque No.234648 dated 11.04.2017.

ii) Difference of gratuity amounting to Rs.92,209/- has also been paid to the applicant through RTGS on 18.05.2017.

iii) Payments of difference of pay of Rs.7,82,950/-for the period from 27.04.2001 to 31.05.2015 has also been paid to the applicant vide cheque No.294101 dated 12.07.2017, Union Bank of India, Yusuf Sarai Branch, New Delhi.

In view of the above given facts and circumstances, it has been noticed that the consequential benefits flowing from relief (ii) concerning the respondent South Delhi Municipal Corporation has already been given to the applicant....."

In view of the speaking order and the compliance affidavit filed by the respondents there is substantial compliance of the order dated 6.09.2017 passed in the OA. As such, Contempt Petition is closed and notice is discharged.