1. The applicants are the mother and father of the deceased soldier.
This contempt application has been filed with the allegation that the opposite party has willfully disobeyed the order of the Writ Court dated 05.05.2008 passed in Civil Misc. Writ Petition No.33099 of 2001 (Smt. Kamlesh Devi and another Vs. Union of India, New Delhi and others) and the order dated 03.07.2008, passed by the Division Bench in Special Appeal No.798 of 2008 (Smt. Nirmala Devi Vs. Smt. Kamlesh Devi and another). In paragraph 8 of the Contempt Application, the applicant has stated as under:-
"That till date exgratia payment from the Central Government, State Government, J and K Governemnt as well as by Human Right Commission including family pension have not been paid to the applicants through 50% of other amounts has already been paid to Smt. Nirmal Devi wife of deceased soldier. However, DCRG ex-gratia relief has been paid by the Central Government but interest thereon has not been paid."
The contents of paragraph 8 of the contempt application has been replied in paragraph 21 of the counter affidavit dated 03.09.2010, filed by the Lt. Col. Sanjay Tanwar, stating as under:-
"21. That, the contents of paragraphs no.6,7,8 and 9 of the contempt application are baseless and fabricated, hence not admitted. In compliance with Court order dated 03.07.2008 passed by Division Bench of the Hon'ble High Court, Allahabad in Special Appeal No.798 of 2008 filed by Smt. Nirmala Devi widow of deceased against the Judgment dated 05.05.2008 passed by the Hon'ble High Court in Civil Misc. Writ Petition No33099 of 2001 filed by Smt. Kamlesh Devi (mother of the deceased soldier), full liberalized family pension has been restored by PCDA (P) Allahabad in favour of Smt. Nirmala Devi (widow of the deceased) vide Corrigendum PPO No. F/CORR/0048/2009 dated 27.04.2009 (Annexure CA-13) which forwarded to the Manager of State Bank of India, Branch Ballia (U.P.) vide Records the Rajput Regiment letter No.2995786/359/FP/PG dated 18.05.2009 (Annexure CA-14) under intimation to widow and Ex-gratia lump sum compensation granted to Smt. Nirmala Devi vide PPO No.F/BC/282/2001 & F/BC/EX-gratia/34/2006 have been amended by PCDA(P) Allahabad. 60% share of ex-gratia granted to Smt. Nirmala Devi (widow of deceased) vide PCDA(P) Allahabad Corrigendum PPO No.F/SC/CORR/0126/2009 dated 15.09.2009 (Annexure CA-15) and 40% share of ex-gratia granted to Smt. Kamleshwari Devi (mother of deceased) vide PCDA(P) Allahabad PPO No.F/SC/0024/2009 dated 15.09.2009 (Annexure CA-16) which were forwarded to the Manager of State Bank of India, Branch Ballia (U.P.) vide Records the Rajput Regiment letter No.2995786/372/FP/PG dated 26.09.2009 (Annexure CA-17)."
In paragraph Nos. 10 and 11 of rejoinder affidavit dated 03.10.2010 the applicant has stated as under:-
"10. That the contents of paragraph no. 8 of the counter affidavit in so far as it relates to the order dated 5.8.2008 and 23.9.2008, being matter of record, do not call for any reply. However, any interpretation contrary to material on record is liable to be ignored. However, it is submitted that the order passed by the learned Single Judge in which it was mentioned that the right of family pension is personal to the widow and it does not form part of the estate of the deceased. Therefore, except for the family pension, the mother of the deceased will have equal share with the widow in all other amounts payable. The said order was challenged by Smt. Nirmala Devi in Special Appeal No. 798 of 2008 which was disposed of on 3.7.2008 whereby the order passed by the learned Single Judge was maintained as the appeal was confined to only distribution of 5 lacs ex-gratia amount which was directed to be distributed between the widow and the mother to the tune of 60% and 40% only, thus the applicant is entitled to other emoluments as directed by the learned Single Judge.
11. That the contents of paragraph no. 9 of the counter affidavit in so far as it relates to Annexure No. 9 at page 41 of the counter affidavit, being matter of record, do not call for any reply. However, any interpretation contrary to material on record is liable to be ignored. However, it is submitted that to the best of the knowledge of the deponent in this regard it is submitted that the following payments have not been made to the applicant:-
a Death-cum-retirement gratuity Rs.29,682/-
b Liberalised Family Pension Rs.1730/- per month + DA c AGI Maturity Benefits Rs.7351/-
d ACWF Rs.15,000/-
e AWWA Rs.5,000/-
f Ex-Gratia relief from Central Government Rs.2,00,000/-
g Medical Allowance Rs.100/-
h Credit Balance Rs.22,136/-
i Ex-Gratia relief from the State Government (U.P.) Rs.45,000/-
j Family Gratuity Rs.450/-
However, the interest has also not been paid on the said amounts. For the kind perusal of this Hon'ble Court, a photo copy of the letter dated 6.10.2008 is being filed herewith and marked as Annexure No. RA-1 to this rejoinder affidavit."
By order dated 05.05.2008, the Writ Court directed as under:-
"The right of family pension, however, is personal to the widow and it does not form part of the estate of the deceased. Therefore, except for the family pension, the mother of the deceased will have equal share with the widow in all other amounts payable.
For the reasons above, this petition succeeds and is allowed partly and the respondent authorities are directed to process and pay the amounts in the ratio of 50 percent each to the wife and the mother, petitioner no. 1.
No order as to costs."
The aforesaid order of the Writ Court was slightly modified in Special Appeal directing as under:-
"Thus, the dispute in the present special appeal is confined to the distribution of the 5 lacs ex-gratia amount.
Learned counsel for the parties are fair enough to agree before us that it would be in the fitness of the thing that such amount may be directed to be released in favour of the parties in following term:
A. Wife may be paid 60% of the total ex-gratia amount.
B. The parents may be paid 40% of the ex-gratia amount.
In view of the aforesaid submissions made by the learned counsel for the parties, the present special appeal is disposed of subject to the observation made above. Any amount already paid to the parents shall be adjusted against the ex-gratia payment."
An affidavit of compliance dated 10.07.2019 has been filed by the respondents in which details of the payment have been given in paragraph 7. Ex-gratia amount in the ratio of 60:40 has also been made. Thus, the order of the Writ Court and the order passed in Special Appeal appears to have been complied by the respondents.
In view of the aforesaid, I do not find any good reason to proceed with the contempt application. Consequently, the contempt application is disposed of.
Order Date :- 26.11.2019/vkg