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2015 Supreme(Raj) 65

SUNIL AMBWANI, PRAKASH GUPTA
RAJASTHAN FINANCIAL CORPORATION OFFICER ASSOCIATION – Appellant
Versus
C. S. RAJAN – Respondent


Advocates:
Advocate Appeared:
Mr. B.K. Sharma, for the petitioners.
Mr. Rajendra Prasad, Additional Advocate General,
Mr. Virendra Lodha, Senior Counsel assisted by
Mr. Jai Lodha, for the respondents.

ORDER :

1. We have heard learned counsels appearing for the parties.

2. This contempt petition has been filed for the alleged noncompliance of the order passed by a Division Bench of this Court in D.B. Civil Writ Petition No.669/1988, dated 05.09.1988, against which a Special Leave to Appeal(Civil) No.15605/1988, filed before the Hon'ble Supreme Court, was dismissed on 16.12.1988.

3. The Rajasthan Financial Corporation Officers Association, had filed D.B. Civil Writ Petition No.669/1988, against the orders, by which the ex-gratia payment to the employees of the Corporation @ 20%, was sought to be withdrawn. The Division Bench found that ex-gratia is an integral part of pay and emoluments, inasmuch as in the advertisement issued for recruitment, it was clearly mentioned that the employees of the Corporation will be paid 20%, as ex-gratia, of the emoluments per annum. The Division Bench was of the view that the directions given by the State Government regarding payment of ex-gratia, were not within the jurisdiction of the Government, and set aside the orders dated 22.07.1987 and 10.12.1987, with further directions that payment should be made to the employees, which they were getting s

































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