(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicants had approached this Court, complaining of non-fulfilling of the directions contained in the Division Bench order dated 21.06.2011 passed in Miscellaneous Civil Application No.1067 of 2011 and connected matters. In the said order, the Division Bench had provided as under;
"2. Pursuant to the notice issued by this Court, Ld. AGP has placed on record a copy of the order dated 30/5/2011 passed by the Secretary of the Panchayat Department, whereby in respect of all the petitioners, it has been ordered that the calculation be made and the actual payment also should be made to the petitioners. She further states that pursuant to the order passed by the State Government, the office of the District Panchayat has made calculation and vide order dated 2/6/2011 it has also been ordered that as per the schedule, the payment be disbursed. Under the circumstances, only question remains now is actual payment to be disbursed to the concerned petitioners. We direct that the actual payment as per the order of the State Government read with the calculation made by the District Panchayat shall be disbursed to the concerned petitioners within a period of one month from today."
2. In response to the notice issued by us, learned GP, Mr. P.K. Jani, appeared on behalf of respondent No.1-State Authorities and learned Advocate, Mr. Munshaw, for respondent No.2-D.D.O.. An affidavit has also been filed by respondent No.2, dated 13.03.2012, on the basis of the same, Mr. Munshaw, submitted that difference in salary payable to the applicants have already been paid over. Learned Counsel, Mr. D.P. Vora, for the applicants, however, submitted that the applicants' pensions arrears have not been released. From the affidavit filed by respondent No.2, we notice that in case of applicant in Miscellaneous Civil Application No.421 of 2012, a sum of Rs.21,973/- was paid towards difference in salary for the period from 01.09.1981 to 31.03.1987 on 16th July, 2011. A further sum of Rs.90,777/- was paid towards difference in salary of Rs.92,577/-, after deducting Rs.1800/- towards Professional Tax through a cheque dated 17.02.2012, towards salary difference for the period 01.04.1987 to 31.12.2004. This prima facie shows that the applicants are so far paid dues only towards salary arrears. If their pensions are also require to be revised, which would result in to enhancement of pensionary benefits, such benefits are not paid so far. Learned Counsel, Mr. Munshaw, submits that such pensionary benefits would have to be released by the State authorities.
3. We notice that the Division Bench had passed the above-mentioned order dated 21.06.2011 in the contempt proceedings granting one month's time to release the benefits in favour of the applicants. Further, the payments were made by the District Development Officer only in February, 2012. There is, thus, considerable delay in releasing such payments even after this Court gave directions in a contempt proceedings.
4. At this stage, we require respondent No.1 to file an affidavit stating as to what would be the revised pensions of the applicants and for such purpose respondent No.2 is directed to supply all necessary details to enable respondent No.1 to workout such benefits. Respondent No.1 shall also ensure that actual payment of the arrears of pensions are made by the next date of hearing. S.O. to 11TH APRIL, 2012.
5. Similar facts obtains in the case of the other applicant.
6. A copy of this order be made available to the learned Counsel for the respondents.
(AKIL KURESHI, J.) (C.L.
SONI,J.) Umesh/ Top