(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This is yet another case of total lethargy on the part of the State machinery and its apathy in implementing the Court's order. The applicant is a widow of deceased Government servant. When the Government servant was alive, he had filed Special Civil Application No.7317 of 2004, challenging the order of compulsory retirement imposed on him by way of punishment. During the pendency of the petition, the Government servant expired. His widow, therefore, pursued the proceedings. Learned Single Judge while holding that the departmental proceedings had been vitiated, set aside the order of penalty. Consequently, since the Government servant has already expired, the Court provided that it would be reasonable to expect the respondent authorities to process the case of the petitioner for his retiral dues and making of payment expeditiously.
2. Since the above steps were not taken, petitioner once again approached this Court by filing Special Civil Application No.9143 of 2011. Learned Single Judge of this Court disposed of the petition by order dated 22.7.2011, directing the respondent to consider the representation of the petitioner and pay all retiral benefits which were available and not disputed by respondent as early as possible, within one month from the date of receipt of the copy of the order.
3. When it was not done, the applicant has moved the present contempt petition. In this petition, notice was issued on 30.1.2012, making it returnable today. Today, when the matter was called out, learned Assistant Government Pleader had no instruction from the alleged contemptner. At her request, we, therefore, kept the matter in second session, when she had on her initiative contacted the department, upon which Shri S.S. Parekh, Under-Secretary of the Revenue Department remains present before the Court. It was not clear why despite service of notice of contempt on the respondent, learned Assistant Government Pleader was not instructed to appear before the Court. It was however, conveyed that against both the orders passed by this Court, the Department has preferred Letters Patent Appeals, which are pending. It was, however, candidly stated that both the appeals are yet not given regular numbers.
4. From the above, it clearly emerges that the Department has not taken any serious steps to challenge the orders passed by this Court or to pursue its appeals before the Division Bench. In the meantime, without any stay or protection, the Department has not complied with the directions contained in these orders. We would have taken harsher measure to ensure proper compliance, however, learned Assistant Government Pleader earnestly requested that the contempt petition be kept on 2nd March 2012 when several such matters are likely to appear before this Bench. S.O. to 2nd March 2012.
5. In the meantime, it is expected that the respondent shall carry out at least basic calculation of death-cum-retirement benefits payable to the applicant.
S.O.
to 2nd March 2012.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top