The petitioner, who was an employee in Auto Tractors Limited, Pratapgarh on the post of Assistant Store Keeper, was absorbed in the Government service as Gram Panchayat Adhikari in the year 1997. It is relevant to mention here that the Auto Tractors Limited was a State Government undertaking. Since the aforesaid undertaking was closed down, the Government framed rules for absorption of the ex-employees of the Auto Tractors Limited, Pratapgarh and in pursuance of those rules, the petitioner was absorbed in the Government service. The petitioner retired on 31.12.1998 rendering one year, three moths and nineteen days service in the Government. The petitioner filed Writ Petition No.2246 (SS) of 2015 in the year 2015 though he got retired in the year 1998. The aforesaid writ petition was allowed with a direction to the respondents to provide the petitioner all consequential benefits taking into account the services rendered by the petitioner in Auto Tractors Limited, Pratapgarh for the purposes of retirement dues along with 8% interest.
In pursuance to the notice issued in the present contempt petition, an affidavit of compliance of Mr. Manish Kumar, District Panchayat Raj Adhikari, Bijnor has been filed, Paragraph six of the aforesaid affidavit reads as under :-
"6.That the case of the petitioner is nutshell is that the petitioner is a retrenched employee of Tractor Indian Limited an by means of an order no.1225 dated 6.5.1997, passed by the District Panchayat Raj Adhikari, Bijnor, the petitioner has been appointed on the post of Gram Panchayat Adhikari and according to his date of birth petitioner has been superannuated on 31.12.1998. it is stated that the petitioner has worked on the post of Gram Panchayat Adhikari for 1 year 3 months and 19 days. However, by means of an order dated 27.8.2016 the petitioner has been provided the revised pay scale and accordingly by means of an order dated 26.9.2016 the amount of Rs.1561.00 has also been ordered to paid to the petitioner. The arrears from September, 1997 to 1998 and difference of leave encashment has been paid to the petitioner. True copy of the order dated 27.8.2016 is attached herewith as Annexure No.CA-1 and true copy of the order dated 26.9.2016 is filed as Annexure No.CA-2 to this affidavit. True copy of the e-pay order dated 17.10.2016 for the payment of Rs.18040 and e-payment order dated 17.10.2016 for the amounting of Rs.1561.00 are collectivity attached herewith as Annexure No.CA-3 and CA-4 to this affidavit. A certificate of regarding the payment for the payment of arrears and difference of leave encashment are attached herewith as Annexure No.CA-5 to this affidavit."
From the reading of the aforesaid paragraph affidavit, it is evident that the judgement and order in question has been complied with.
Learned counsel for the petitioner, however, submits that the petitioner is entitled for pension if his past services rendered in the Auto Tractors Limited, Pratapgarh are counted. However, no decision has been taken for providing him the pension and he is now seventy one years of age.
There is no specific direction in the judgement and order in question for providing the pension to the petitioner. The competent authority has taken into consideration the past services rendered by the petitioner and paid the dues accordingly. However, if the petitioner is not satisfied with the decision dated 27.8.2016, it will be open to him to challenge the aforesaid decision and claim pension, if law of limitation permits.
If the interest as directed by this Court has not been paid, the same shall be calculated and paid within a period of two months from the date certified copy of this order is produced before the competent authority. In case the interest is not paid within a period of two months, the petitioner would be at liberty to revive this contempt petition by filing an appropriate application.
With the aforesaid observation, this contempt petition stands disposed of finally.
Order Date :- 28.8.2019 Rao/-