Prem Chand Sharma vs Sandeep Kumar And Anr

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed the directions contained in judgment dated 10.8.2020, passed by the Division Bench this Court in CWP No. 2761 of 2020, whereby the Division Bench having taken note of the statement made by the learned counsel for the parties that case of the petitioner is squarely covered by the judgment dated 17.7.2014, passed by this Court in CWP No. 3050 of 2014, titled Nek Ram v. State of HP and Ors., disposed of the petition with direction to the respondents/competent authority to release all the pensionery and retiral benefits to the petitioner within a period of three months from the date of production of certified copy of the order. The Division Bench of this Court also ordered that in case the pensionery and retiral benefits are not extended to the petitioner within the aforesaid time, then in addition to the pensionery and retiral benefits, the petitioner would be entitled to interest @9% p.a. from the due date. Since no action, whatsoever, came to be taken at the behest of the respondents, petitioner has approached this Court in the instant proceedings.

Mr. Ajay Kumar Chauhan, learned counsel, while accepting the notice on behalf of the respondents, submits that though he has every reason to presume that by now, judgment alleged to have been violated must have been complied with in its totality, but if not, same would be positively complied with within a period of three weeks from today.

Consequently, in view of the fair stand adopted by the learned counsel for the respondent, this Court sees no reason to keep the present petition alive and accordingly, same is closed. However, respondents-contemnors are directed to do the needful in terms of judgment alleged to have been violated within a period of three weeks, failing which they would aggravate the contempt and petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken. Notices issued to respondents are discharged at this stage.