R. Banumathi, J.

Alleging disobedience of Courts order in W.P.No.31172 of 2005 dated 06.09.2007, the petitioner has filed this Contempt Petition.

.2. For proper appreciation of the contentious points raised by the petitioner factual background of the matter has to be briefly referred. The petitioner was appointed as Ticket Examiner w.e.f. 111. 1950 and retired on superannuation on 30.06.1986 as Chief Traveling Ticket Inspector on basic pay of Rs.760/- in pay scale Rs.700-900. Based on his pay at the time of his retirement and also taking into account the officiating period, the pension of the petitioner was fixed at Rs.1035/-. The petitioner was insisting that his pension was to be fixed at Rs.1078/-. The petitioner filed O.A.No.901/1997 for fixation of his pension at Rs.1078/-. The Tribunal directed to rework the pension in accordance with law. Aggrieved by the orders of the Tribunal in O.A.No.901 of 1997, respondents filed W.P.No.1409 of 2000, which was dismissed by this Court observing that the difference between the amount sanctioned as pension ie., Rs.1035/-and the amount sought by the petitioner as his due pension ie., Rs.1078/-is trivial and directed the respondents to grant the same. Based on the orders of this Court, the respondents issued a revised pension payment order sanctioning the petitioner Rs.1078/-as his pension.

.3. The petitioner has filed another O.A.No.644 of 2002 which was allowed by the Tribunal. Thereafter, the petitioner filed a Contempt Petition No.90 of 2003 in O.A.No.644 of 2002 and the Contempt Petition was closed by the Tribunal on 09.06.2004. Subsequently, the petitioner filed another O.A.No.677 of 2004 raising the issue of stepping up of pay on par with a sports person and the Tribunal dismissed his claim for stepping up of pay on the ground that the petitioner cannot compare himself with a sports person who has been granted out of turn promotion and also advance increments for his sporting excellence.

.3A. Aggrieved by dismissal of petition in O.A.No.677 of 2004, the petitioner filed W.P.No.31172 of 2005, which was allowed by order dated 06.09.2007. In the Writ Petition respondents did not appear. According to the respondents, their non appearance was due to inadvertence, and therefore factual position with regard to the petitioners seniority position and pay drawn by him from time to time could not be placed before the Court. The said Writ Petition was allowed directing the respondents 1 and 2 to refix the petitioners pension on par with pay of his immediate junior Mr.K.Natarajan as per law. The petitioner is now seeking stepping up of pay/pension on par with the said K.Natarajan and alleges disobedience of the order in W.P.No.31172 of 2005 dated 06.09.2007.

.4. W.P.No.31172 of 2005 was allowed and the respondents 1 and 2 were directed to refix the petitioners pension on par with the pay of his immediate junior Mr.K.Natarajan as per law. Alleging that the respondents have not taken steps to implement the order of the Court even after lapse of 36 years, the petitioner has filed the Contempt Petition. According to the petitioner, seniority list of Rs.425-640 grade indicates that Natarajan was promoted on 26.06.1974 and placed in Sl.No.7, whereas the petitioner being the senior, placed in Sl.No.32 is irregular, contrary to Railway Board order dated 16.02.1962.

5. We have heard the petitioner -Party in person and the learned counsel for the respondents Railways.

6. In the counter affidavit filed by the respondents (dated 30.09.2009), it is averred that the petitioner was allowed a pay of Rs.760/-from 25.06.1985 and his pay was fixed at Rs.795/- w.e.f. 01.01.1986 on par with Mr.K.Natarajan and accordingly his pension was fixed at Rs.1122/- as per the calculation shown below.

"4 months pay at Rs.760/- was taken for the period from 01.09.1985 to 312. 1985 and 6 months pay at Rs.795/- (Rs.2375/-in the revised scale) was taken for the period from 01.01.1986 to 30.06.1986 (date of re