1. There was limited consensus between learned counsel appearing on both sides that hearing of the petition was inordinately delayed and prolonged on account of consistent failure on the part of the respondent Nagarpalika in complying with even formal orders of this court, particularly since the year 2009. As on today, even latest detailed order dated 27.01.2012 is not complied and the petitioner is suffering such loss as cannot be compensated in terms of money on account of being consistently deprived of even her terminal dues. It was submitted by learned counsel Mr.Chauhan that if the claim of the petitioner for pension at the higher rate were accepted or legally enforced by order of this Court, after hearing of the petition within reasonable time, the petitioner would have been in receipt of more than four times the amount of pension she is in receipt since the year 1994.
2. In the above facts stated in brief, it was jointly submitted that even as learned counsel for the respondent is not in a position and prepared to argue for final disposal of the petition even today in absence of necessary instructions, and the petitioner has been insisting upon realization of some part of her claim, the respondent should be directed to deposit some amount before this Court so as to grant some immediate interim relief, if the petition is not even now heard on merits within next few months. Under the circumstances, respondent No.1 is directed to deposit with the Registry of this Court the sum of rupees five lakhs on or before 09.05.2012. Learned counsel Mr.Parikh, appearing for respondent No.1, has assured the Court that the previous orders as well as the present order shall be complied with in right earnest failing which Chief Officer of respondent No.1 Nagarpalika shall remain personally present before this Court to show cause as to why proceeding under the Contempt of Courts Act should not be initiated against him. Accordingly, respondent No.1 shall deposit the amount as aforesaid and comply with the previous orders, latest by 09.05.2012. In the meantime, hearing is adjourned to 23.04.2012.
Sd/-
( D.H.Waghela, J.) (KMG Thilake) Top