Rampadi Devi vs State of Jharkhand And Ors

This application has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 for initiating a proceeding for willful non-compliance of order dated 02.02.2015 passed in W.P. (S) No. 1980 of 2014.

Md. Sahil, learned counsel for the petitioner, referring to show cause, has submitted that the legally admissible dues has been paid as also the consideration for grant of up-gradation of Assured Career Progression is in progress but so far as arrears of salary from 1991 to March, 1996, and other allowances excluding the basic salary and entire salary from April 1996 till the date of retirement, is concerned there is no reference about the same in the show cause, therefore, appropriate order may be passed.

Mr. Vishal Kumar Rai, A.C to learned S.C. I has submitted that so far up-gradation of Assured Career Progression is concerned, it in progress, as such it will be decided at an early date.

So far arrears of the salary in question is concerned, it has been admitted that although there is no reference in the show cause but the authority will decide the claim of the petitioner by taking appropriate decision in this regard within a stipulated period, therefore, submission has been made that appropriate direction may be passed in this regard.

Having heard learned counsel for the parties and on going across the materials available on record, it appears that this Court vide order dated 02.02.2015 passed in W.P. (S) No. 1980 of 2014 has directed the respondents to release all the legally payable dues to the petitioner including the arrears of pension which was to be paid to her husband during his lifetime and also to fix the family pension of the petitioner and send the required documents in the office of the Accountant General, Jharkhand and on failure of making payment of the admissible dues, the petitioner will be entitled to get statutory interest @ 10 % per annum from the date of actual payment till the final payment.

It is evident from the show cause that pension and gratuity payment order has been issued by the office of Principal Accountant General, Jharkhand, Ranchi; payment regarding group insurance scheme has been paid; final withdrawal of General Provident Fund has been made and so far the Assured Career Progression is concerned, it is stated that order of A.C.P has been issued and the same is in progress, as such order dated 02.02.2015 passed in W.P. (S) No. 1980 of 2014 has substantially been complied with.

Therefore, there is no reason to proceed with the contempt proceeding as no case of willful disobedience is made out.

However, the respondents-Opp. Parties are directed to decide the claim of the petitioner with regard to arrears of salary as also to take final decision pertaining to financial benefit under Assured Career Progression Scheme, as per entitlement within a period of three months from the date of receipt/production of copy of this order.

The contempt petition is accordingly disposed of.