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2010 Supreme(SC) 1232

SUPREME COURT OF INDIA
G.S. Singhvi and A.K. Ganguly, JJ.
M.L. Singh and another - Petitioners
Versus
Atul Gupta, Chief Secretary, Uttar Pradesh and others - Respondents
Contempt Petition (C) No. 255 of 2008 in CA No. 782 of 2006, Contempt Petition(C) No. 256 of 2008 in CA No.4374 of 2007, Contempt Petition (C) No. 69 of 2009 in CA 2974 of 2007, Contempt Petition (C) No. 15 of 2009 in CA 782 of 2006 and Contempt Petition (C) No. 123 of 2010 in CA 2994 of 2007
Decided On : 15-11-2010

Advocate Appeared:
For the Appellant :Shailendra Kumar Pandey, M.L. Singh and Anukam Tripathi, Advocates, J.N. Dubey, Sr. Adv. S.R. Setia, K.C. Vishwakarma and Mohan Pandey, Advocates.
For the Respondent:Pallav Sishodia, Sr. Adv. Alka Singh, Anuvrat Sharma, Shrish Kumar Misra, Ajay Kr. Singh, Prashant Chaudhary, Ravender Verma, Akshay Verma, Praveen Swarup, Vivek Singh, S.K. Misra, Vinod Tiwari, Pankaj Kumar Singh, B.N. Pathak and Manoj Prasad, Advocates.

Headnote:

Contempt of Courts Act - Sections 2 and 12- Constitution of India - Article 129 – Claim of compensation – State Cement Corporation Limited – Jurisdiction - These petitions filed under Sections 2 and 12 of Contempt of Courts Act read with Article 129 of Constitution of India petitioners have prayed that non petitioners be punished for willful violation of order passed in Civil Appeal State of Uttar Pradesh and another v. and connected matters – Held, These benefits are being extended to all Petitioners of aforesaid Contempt Petitions and all others who are covered by Judgment of Hobble Supreme Court in accordance with directions given by Hobble Supreme Court - However, these benefits would not have been available to them in normal course - It is also pertinent to mention here that no other personnel will be entitled to such benefits in future - Services rendered by these personnel in UP Cement Corporation Ltd., i.e., before their absorption in Government service, will not be considered for purposes of their pensioner benefits - In our view concerned authorities of State Government have substantially complied with direction given by High Court and order passed by this Court and there is no valid reason to continue proceedings of these petitions - With above observation contempt petitions are disposed of notices issued by this Court are discharged with direction that concerned authorities shall pay arrears to petitioners within one month from today - If petitioners are not satisfied with fixation of their pay etc. they may make representation(s) to competent authority - Such representation shall be disposed of by concerned authority within next two months by passing speaking order - If petitioners are not satisfied with order passed on their representation(s), then they shall be free to avail appropriate legal remedy then such a different be considered as personal pay and such personal pay be given to them from date of their retrenchment - But before doing so an undertaking must be obtained from concerned personnel that he has not already received any other benefits salary retrenchment compensation, etc. from Official Liquidator, for period after their retrenchment from parent department - If any personnel has already availed any benefit from official liquidator for period after his retrenchment then same will be adjusted from arrears of said personnel - Affidavit of undertaking given by personnel should also be got verified from official liquidator – petition disposed of

ORDER :

In these petitions filed under Sections 2 and 12 of the Contempt of Courts Act read with Article 129 of the Constitution of India, the petitioners have prayed that the non petitioners be punished for wilful violation of order dated January 31, 2008 passed in Civil Appeal No.782 of 2006, State of Uttar Pradesh and another v. Mukund Lal Singh and connected matters.

2. At the hearing, learned counsel for the non petitioners invited our attention to order dated 27.8.2010 passed by the State Government and submitted that the notice of contempt may be discharged.

3. We have heard learned counsel for the parties and perused the record.

4. The order passed by the State Government for complying with the directions given by the High Court and this Court reads as under:

"Hon'ble Governor has been pleased to accord its sanction to extend following facilities/benefits to the petitioners of Contempt Petition No. 255 of 2008, Mukund Lal Singh v. Atul Kumar Gupta, Secretary, Government of Uttar Pradesh; Contempt Petition No.256 of 2008, Shailendra Kumar Pandey and others v. Kunwar Fateh Bahadur Singh and others; and Contempt Petition No. 15 of 2009 (Civil Appeal No. 782 of 2006), Mohd. Shakiluddin and others v. Shri Atul Kumar Gupta and others and other connected Civil Appeals pending before the Hon'ble Supreme Court as well as those petitioners who are covered by the Judgment and order of the Hon'ble Supreme Court dated 31.1.2008 and in furtherance to Government order no.3504/77-1-2009/13(Cement)/2004 dated 3.12.2009.

(1) All the petitioners of the aforesaid Contempt Petitions and all others who are covered by the Judgment of the Hon'ble Supreme Court dated 31.1.2008, will be deemed to have been absorbed in the Government service with effect from the date of their retrenchment by the Uttar Pradesh State Cement Corporation Limited.

(2) If it is not possible to absorb Petitioners of the aforesaid Contempt Petitions and all others who are covered by the Judgment of the Hon'ble Supreme Court dated 31.1.2008, on the posts on which they were working in the Uttar Pradesh Cement Corporation Limited on the date of their retrenchment, then they be protected in the pay scale for the post on which they are being absorbed, in such a manner that their salaries are closest to the salaries which they were withdrawn on the date of their retrenchments from the Corporation. It was further decided in the meeting that if the last salary drawn by them was higher than the salary being given to them after their absorption in the Government service, then such a different be considered as personal pay and such personal pay be given to them from the date of their retrenchment. But before doing so, an undertaking must be obtained from the concerned personnel that he has not already received any other benefits, salary, retrenchment compensation, etc. from the Official Liquidator, for the period after their retrenchment from parent department. If any personnel has already availed any benefit from the official liquidator for the period after his retrenchment, then same will be adjusted from the arrears of the said personnel. Affidavit of undertaking given by the personnel should also be got verified from the official liquidator.

(3) Besides above, these personnel will also be entitled to added increment and arrears with effect from the date of their retrenchment.

(4) These benefits are being extended to all the Petitioners of the aforesaid Contempt Petitions and all others who are covered by the Judgment of the Hon'ble Supreme Court dated 31.1.2008, in accordance with the directions given by the Hon'ble Supreme Court. However, these benefits would not have been available to them in normal course. It is also pertinent to mention here that no other personnel will be entitled to such benefits in future.

(5) Services rendered by these personnel in UP Cement Corporation Ltd., i.e., before their absorption in Government service, will not be considered for the purposes of their pe



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