The court emphasized the importance of effectively enforcing its earlier order and held that the authorities should compute the dues based on the salary of the deceased's higher post.

JUDGMENT

Indira Banerjee, J. - This appeal, filed by the State of Bihar & Others, is against the judgment and order dated 30.5.2007 passed by the High Court of Judicature at Patna, disposing of the Contempt Application being MJC No. 2194 of 2005, filed by the respondent no.1 with a direction to the competent authority to finalise the family pension due and payable to the respondent no.1, taking into account the notional salary, which was payable to her husband on the date of his retirement, that is, 30.6.1995, as early as possible and in any case within three weeks from the date of receipt of a copy of the said order.

2. Shri Amardeo Tiwari, since deceased, husband of the respondent no.1, was appointed Junior Engineer in the Public Works Department on or about 1.8.1958. He was promoted to the post of Temporary Assistant Engineer on ad hoc basis, vide departmentalnotification no. 5973 dated 2.9.1981, which provided that the promotion would be effective from the date on which he would take charge in the promoted post.

3. By notification no. 9744 dated 20.12.1994, Sh. Amardeo Tiwari, since deceased, was given regular promotion to the post of Assistant Engineer w.e.f. 28.11.1979, with the approval of the Bihar Public Service Commission.

4. Sh. Amardeo Tiwari, since deceased, retired from service on or about 30.6.1995, on attaining the age of retirement. Sh. Amardeo Tiwari died on 30.5.2004. It appears that till his death, his retiral benefits had not been determined or released.

5. On or about 20.09.2004, the respondent no.1, filed a writ petition being CWJC No. 11497 of 2004 in the High Court praying for a direction on the concerned authorities to fix and pay the post-retiral benefits of her late husband. Apart from the writ petition being CWJC No. 11497 of 2004, many other similar writ petitions were filed praying for similar reliefs.

6. By a common judgment and order dated 21.9.2004, the High Court disposed of the writ petition being CJWC No. 11497 of 2004 filed by the respondent no.1, along with 20 other similar cases. The order dated 21.9.2004 is set out herein below for convenience: -

"In all these writ petitions, the grievance of the Petitioners relates to retrial sic retiral due/death-cum-retiral dues, which have not been redressed even after filing of the writ petition.However, having regard to the order dated 19.09.2003 disposing of several writ petitions, bearing C.W.J.C No. 7054 of 2003 and analogous cases by common order, this Court considers it expedient to dispose of these writ petitions also in terms of the directions given in the said order, with only modification that two paragraphs affidavit personally sworn by the concerned authority must be filed by 9th November, 2004. Parties will be bound by the said direction and they should proceed in the matter accordingly."

7. Pursuant to the order dated 21.9.2004 in the writ petition CWJC No. 11497 of 2004 filed by the respondent no.1, whereby the concerned authorities were directed to fully redress the grievances of the petitioner, provisional pension and provisional gratuity were sanctioned to the respondent no.1 vide memo nos. 1167 and 1168 dated 6.11.2004 issued by the Executive Engineer, National Highway Division, Chapra, Bihar. The memos reveal that provisional pension and gratuity were sanctioned on the basis that Sh. Amardeo Tiwari continued to be a Junior Engineer.

8. By a letter no. Pra-3/M-01/03-253E dated 10.2.2005, the Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Construction Department, Patna, Bihar sanctioned cash payment of unutilised earned leave of late Sh. Amardeo Tiwari. The said memo also showed the designation of Sh. Amardeo Tiwari as retired Junior Engineer.

9. On or about 29.8.2005, the respondent no.1 filed an application for contempt being MJC No. 2194 of 2005 for non-compliance by the alleged contemners of the order dated 21.9.2004 in CWJC No. 11497 of 2004. After the aforesaid application for contempt was filed, the