HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C. No.1677 of 2013 Between:
Smt.Arutla Prameela And Sri Y.P. Ojha … Petitioner … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C. No.1677 of 2013 ORDER:
This contempt case is filed complaining that the order dated 25.09.2012 passed in WPMP. No.32064 of 2012 in W.P. No.5422 of 2010 by this Court has not been complied with.
W.P. No.5422 of 2010 was filed seeking to declare the proceedings No.259/SR/HC/08.FF(HC), dated 22.01.2010 issued by the respondent as illegal, arbitrary and violative of principles of natural justice and consequently to direct the respondent to consider the claim of the petitioner for grant of pension under Swatantra Sainik Samman Pension-1980 in the light of report of Government of A.P., letter No.27087/FF.III/2008-1 dated 07.06.2008 from the date of her application.
Along with the writ petition, petitioner also filed WPMP. No.32064 of 2012 seeking direction to the respondent to consider the claim of the petitioner for grant of Watantra Sainik Samman Pension in view of the report dated 30.07.2012 sent by the Government of Andhra Pradesh recommending the claim of the petitioner for the pension in the interest of justice.
This Court on 25.09.2012 passed the following order, which reads as under.
“Heard learned counsel appearing for the petitioner and learned Standing counsel appearing for the respondent.
It is contended by the learned counsel apeearing for the petitioner that pending the writ petition, the State Government has sent re-verfication report on 30.07.2012 and therefore, it is the turn of the respondent to consider the re-verification report and pass appropriate orders on the application submitted by the petitioner for grant of family pension under Swatantra Sainik Samman Pension Scheme, 1980.
In that view of the matter, there shall be a direction to the respondent to consider the re-verification report sent by the State Government under Lr.No.10450/FF-III/2011-1, dated 30.07.2012, and pass appropriate orders on the application submitted by the petitioner for grant of family pension under Swatantra Sainik Samman Pension Scheme, 1980.
Accordingly, the WPMP is disposed of.”
Complaining that the said order has not been complied with, the petitioner filed the present contempt case.
On behalf of the respondent, counter affidavit has been filed. Based on the counter, the learned standing counsel submitted that the case of the petitioner has been considered and rejected by the Government of India vide letter dated 01.11.2013. Hence, there is no contempt and the present contempt case is liable to be closed.
No representation for the petitioner.
From a perusal of the letter dated 01.11.2013, case of the petitioner has been considered and rejected pursuant to the orders passed by this Court on 25.09.212 in WPMP. No.32064/2012 in W.P. No.5422 of 2010.
In that view of the matter, contempt case is liable to be closed and accordingly, the contempt case is closed. There shall be no order as to costs.
JUSTICE G.CHANDRAIAH Date: 05.09.2014 LSK