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1991 Supreme(Pat) 342

S.B.SINHA, R.N.SAHAY
Ram Vilas Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Sri B. K. Dubey.
For the opposite party : M/s. Narayan Roy, Sunil Kumar Sinha and Debi Prasad.

JUDGMENT

S. B. Sinha, J.-In this application, the petitioner has prayed for punishing the opposite parties under the Contempt of Court Act, 1971 for wilful disobedience of the order dated 4.1.1990 passed by a Division Bench of this Court in C.W. J. C. No. 2163 of 1989 (R).

2. The fact of the matter lies in a very narrow compass.

3. The petitioner on the date of his superannuation, that is 31.8.1980 was posted as Assistant Jailor, Daltonganj at Palamau. According to the petitioner, the pay last drawn by him was Rs. 420/-and he had been receiving a provisional pension of Rs. 304/-only. As despite the fact that the petitioner superannuated in 1980, his pension and other retiral benefits had not been finalised he filed a writ petition in this Court which was registered as C.W.J.C. 2163 of 1989 (R).

4. By an order dated 4.1.1990, this Court passed the following order :-

"The petitioner superannuated with effect from 31.8.80 and his grievance is that he is still getting provisional pension.

Let this case be listed under the same heading after eight weeks.

It is ordered that the concerned respondents shall finalise the case of the petitioner so that authority slip for the payment of arrear pensi
































































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