(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. This contempt petition has been filed complaining non- compliance of the directions contained in order dated 23.12.2010 passed by the Division Bench of this Court in Special Civil Application No. 11038 of 2010.
2. The applicant had moved the Central Administrative Tribunal, Ahmedabad Bench, seeking direction for non-functional selection grade, which, according to him, was denied by the department illegally. The applicant having succeeded before the Tribunal, the department had filed Special Civil Application No.11038 of 2010. Such petition came to be disposed of by order dated 23.12.2010, in which, while concluding, the Court provided as under:-
"7. Since the impugned order only directs the petitioners to pass fresh order strictly going by the directions and observations made in the order dated 29.10.2009 in O.A. No.9 of 2009 (which is not challenged) and the petitioners are given chance to make suitable amends; and since the respondent has not challenged the order impugned herein, there is no occasion to interfere with or set aside the impugned order, in exercise of the extraordinary jurisdiction of this Court. Therefore, the petition is required to be summarily dismissed, albeit with the clarification, in terms of the order dated 21.12.2006 in O.A. No.226 of 2006, that the respondent's case shall be considered for grant of NFSG w.e.f. 01.01.2004, in accordance with law and, if he is found to be entitled thereto, he shall be granted all the consequential benefits, including arrears of pay and recalculation of terminal benefits and leave encashment. Out of such amounts, if any, as may be found to be due after reconsideration as aforesaid, the arrears of pay and amounts of difference in terminal benefits and leave encashment shall be paid to the respondent with interest @ 9% per annum w.e.f. 01.07.2007. Subject to the above observations and directions, the petition is rejected with cost quantified at Rs.15,000/- which shall be paid by the petitioners to the respondent within a period of one month from today."
3. It is the case of the applicant that the directions contained in the order passed by the Central Administrative Tribunal, as confirmed by the Division Bench of this Court, with further directions, contained in order dated 23.12.2010, have not so far been complied by the department.
4. In response to the notice issued by this Court, the respondent has filed affidavit dated 27.1.2012. In such affidavit, it is mainly stated that the department has filed SLP on 16.1.2012 before the Apex Court against the judgment of the Division Bench of this Court.
5. Admittedly, the orders in favour of the applicant passed by the Central Administrative Tribunal and this Court have not been complied with. The Division Bench of this Court, as back as on 23.12.2010, while confirming the order passed by the Central Administrative Tribunal in favour of the applicant, also gave certain further directions.
6. The applicant has been agitating about his grievances since long. He has already retired from service with effect from 31.12.2004. No further delay on behalf of the respondent can be brooked. However, when it is pointed out that the department has approached the Apex Court albeit, after much delay, as a last chance, these contempt proceedings are adjourned for four weeks. In the meantime, the respondents shall comply with the directions of the Court, unless such order is stayed by the Apex Court.
S.O.
to 5th March 2012.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top