2020 Supreme(UK) 447
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Kamini Verma - Appellant
Versus
R. Meenakshi Sundram & Ors. - Respondent
Contempt Petition No. 71 of 2020; Recall Application No. 407 of 2020; Miscellaneous Application With Objection No. 10023 of 2020
Decided On : 19-11-2020
Pankaj Miglani, Advocate, Pradeep Hairiya, Advocate
The main legal point established in the judgment is the requirement for substantial compliance with court directions and the Court's authority to direct specific actions to be taken by the parties.
Headnote:
Contempt Petition - Compliance with Court Directions - Judgment dated 29.08.2019, para 4 and para 5 - The judgment contained directions for release of retiral benefits, GPF computation, and completion of disciplinary enquiry. Respondents complied with most directions except for medical leave payment. Court found substantial compliance and closed the contempt petition. Recall Application filed by petitioner seeking recall of judgment dated 27.08.2020. Court directed remittance of medical reimbursements within three months from the date of the order.
Fact of the Case:
The petitioner filed a contempt petition alleging non-compliance with court directions issued in a judgment dated 29.08.2019. The respondents claimed substantial compliance, except for the payment of medical leave. The contempt petition was closed, and the petitioner filed a Recall Application seeking recall of the judgment dated 27.08.2020.
Finding of the Court:
The Court found substantial compliance with the judgment's directions, except for the payment of medical leave. The Court directed the remittance of medical reimbursements within three months from the date of the order.
Issues: Non-compliance with court directions, recall of judgment, payment of medical reimbursements.
Ratio Decidendi: The Court found substantial compliance with the judgment's directions and directed the remittance of medical reimbursements within three months from the date of the order.
Final Decision: The Court directed the remittance of medical reimbursements within three months from the date of the order and disposed of the Recall Application.
JUDGMENT
Sharad Kumar Sharma, J. - The petitioner herein, had instituted a writ petition before the Division Bench of this Court being Writ Petition (S/B) No. 399 of 2019, Kamini Verma Vs. State of Uttarakhand and others, which was decided by the Division Bench of this Court vide its judgement dated 29.08.2019, whereby, according to the petitioner, there were few sets of direction issued for the respondents to be complied with. One was that as contained in para 4 and second was that as contained in para 5 of the said judgement, the same read as under:-
"4. Instead of keeping the writ petition pending to file of this Court, suffice it to direct the competent authority to release the petitioner's retiral benefits such as interim pension, leave encashment, medical reimbursement and GIS within a period of one month from the date of production of a certified copy of this order.
5. The petitioner's entitlement for GPF shall be computed within one month from today; and the amount so computed shall be paid within 15 days from the date of such computation. Since the petitioner's entitlement for gratuity and regular pension is said to depend on the outcome of the disciplinary enquiry initiated against her, which is still pending though a chargesheet was issued more than one and a half years ago, suffice it to dispose of the writ petition directing the respondents to complete the disciplinary enquiry with utmost expedition and, in any event, within a period of two months from the date of production of a certified copy of this order. Depending on the outcome of the disciplinary enquiry, gratuity and regular pension, to which the petitioner may be entitled to, shall be released within a period of one month from the date on which the disciplinary authority passes final orders in the disciplinary proceedings initiated against the petitioner. We may not be understood to have held that, irrespective of the outcome of the disciplinary proceedings, the petitioner's retiral benefits, such as regular pension and gratuity, should be paid to her. All that we have held is that, in case the petitioner is absolved of the charges levelled against her in the departmental enquiry, payment of regular pension and gratuity to her shall be considered soon thereafter in accordance with law."
2. Alleging its non-compliance, the present contempt petition was preferred by the petitioner on 19.02.2020, on which notices were issued to the respondents by this Court on 24.02.2020. On service of notice, the respondents had filed their respective response affidavit on 05.08.2020, and they had made an averment with regard to the steps which was taken by them for its compliance. When the contempt petition was listed on 27.08.2020, the petitioner was not present, hence this Court, after considering the pleadings raised in the contempt petition, as well as the response affidavit filed by the respondents, the same was disposed of by the judgement dated 27.08.2020, which contained the following directions:-
"This direction as it has been given has to be splitted into its consideration in the Contempt Petition pertaining to:-
(i) The release of interim pension,
(ii) The release of leave encasement,
(iii) The release of medical leave,
(iv) The release of group insurance benefits,
(v) The GPF and
(vi) The conclusion of the disciplinary proceedings. The Division Bench has observed that the remittance of the pensionary benefits and the gratuity would be depending upon the out come of the disciplinary proceedings.
The respondents filed their response affidavit and in the response affidavit, thus, filed they have specifically submitted that respondents have paid the interim pension to the petitioner which has been fixed at the rate of Rs.46,098/- per month, further, the GPF of an amount of Rs.18,03,758/- has been paid. The group insurance of Rs.1,21,929/- has been paid and the leave encasement of Rs.3,06,348/- for 107 days has already been paid. The only amount which is disputed is pertainin