1. The present contempt petition has been filed for alleged violation/non compliance of the judgment and order dated 10.01.2017 passed in Special Appeal No.11 of 2013. The petitioner had challenged the dismissal order dated 12.05.2005 in Writ Petition No.2927(SS) of 2009. The learned Single Judge, however, dismissed the writ petition vide order dated 10.12.2012. The Division Bench has allowed the special appeal and set aside the judgment and order dated 10.12.2015 passed by the learned Single Judge as well as quashed the dismissal order dated 12.05.2005. The Division Bench further directed that the petitioner would be entitled for all consequential benefits. It had been made clear that the judgment of Division Bench would not preclude respondents from proceeding against the petitioner in accordance with law and, they should pass fresh order.
2. It appears that the departmental enquiry got recommenced against the petitioner in pursuance of the judgment and order dated 10.01.2017. However, in the meantime, the petitioner got retired and, therefore, departmental proceedings were dropped against him.
3. In pursuance to the notice issued in the present contempt petition, a compliance affidavit of Ms. Charu Nigam, Superintendent of Police (Establishment), Intelligence, Government of U.P. has been filed.
In compliance affidavit dated 4-10.07.2019, details in paras 6 to 8 have been given with respect to the payment of arrears of pension amounting to Rs.6,76,548/-, payment of commutation of pension amounting to Rs.2,33,037/- payment of gratuity of Rs.4,04,745/- and leave encashment as well as G.P.F. amounting to Rs.3,93,098/-.
4. This Court on 16.07.2019 directed the respondent to file an affidavit regarding compliance of Fundamental Rule 54-A in the case of the petitioner within a period of four weeks.
5. Pursuant to the aforesaid order dated 16.07.2019, Sri Mohit Jauhari, learned Standing Counsel has tendered an affidavit of compliance of Ms. Charu Nigam Superintendent of Police (Establishment), Intelligence, Government of U.P. which is taken on record.
In para 7 of the aforesaid affidavit, it has been mentioned as under:-
"7. That at this juncture it is most respectfully submitted that even prior to passing of the order dated 16.07.2019, an order dated 02.07.2019 has already been passed by deponent in the light of the provisions contained in Fundamental Rule 54-A(5) of the Volume-II, Part 2 to 4 of the Financial Hand Book whereby the claim of the petitioner for any other salary or allowance except the arrear of pension has been declined and an amount of Rs.676739/- has been ordered to be paid to the petitioner as arrears of pension. A copy of the order dated 02.07.2019 is annexed herewith as Annexure No.C.A.-2 to this affidavit."
6. In view of the aforesaid stand of the respondents that the petitioner has been paid according to the Fundamental Rule 54-A(5) Vol.II, Part 2-4 of the Financial handbook no other payment is due and payable to him, this contempt petition is being disposed of finally as having been rendered infructuous.
Contempt notice stands discharged. However, if the petitioner is aggrieved by the alleged non payment of the any further amount, which according to him is due and payable, it would be open to him to approach the competent authority/court in accordance with law, if he is so advised and law permits.
Order Date :- 29.8.2019 prateek