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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Harish Singh Bora & Anr. - Appellants
Versus
Bhupinder Kaur Aulakh & Ors. - Respondents
Contempt Petition No. 259 of 2019
Decided On : 10-12-2021
Contempt - Compliance with Writ Court Order - The court found that the respondents had complied with the order of the Writ Court, quashing the cancellation of the petitioner's confirmation and directing the calculation and payment of retiral benefits to the retired petitioner. The contempt petition alleging willful disobedience of the order was closed after the court was satisfied with the compliance.
Fact of the Case:
The Writ Court allowed the petitioners' writ petition, quashing the cancellation of the petitioner's confirmation and directing the calculation and payment of retiral benefits to petitioner no. 2, who had retired during the pendency of the writ petition. A contempt petition was filed alleging willful disobedience of the order.
Finding of the Court:
The court found that the order passed by the Writ Court had been complied with, as the entire benefits, including pension, had been given to petitioner no. 2 by treating him as a confirmed employee on the post of Nalkoop Mistri. The contempt petition was closed, and the contempt notices issued to the respondents were discharged.
Issues: Compliance with Writ Court Order, Alleged Willful Disobedience
Ratio Decidendi: The court's decision was based on the satisfaction that the order passed by the Writ Court had been complied with, as evidenced by the entire benefits, including pension, being given to petitioner no. 2.
Final Decision: The Contempt Petition was closed, and the contempt notices issued to the respondents were discharged.
JUDGMENT
Manoj Kumar Tiwari, J. - Writ Petition (S/S) No. 1045 of 2013 filed by the petitioners was allowed by the Writ Court vide order dated 04.05.2018 and the order, cancelling the confirmation of the petitioner, was quashed and the respondents were directed to calculate and pay the retiral benefits to petitioner no. 2, who had retired during pendency of the writ petition.
2. Alleging willful disobedience of the said order, this contempt petition has been filed.
3. On the last occasion, learned Standing Counsel sought time to seek instructions in the matter. Today, on instructions, he submits that the order passed by Writ Court has been complied with, inasmuch as, entire benefits, including pension, have been given to petitioner no.2 by treating him as confirmed employee on the post of Nalkoop Mistri. Office Memo dated 03.02.2020 and the Pension Payment Order issued in favour of petitioner no. 2 are produced in Court today, which are taken on record.
4. From the submission made by learned Standing Counsel, this Court is satisfied that the order passed by Writ Court has been complied with.
5. Accordingly, the Contempt Petition is closed. Contempt notices issued to the respondents are hereby discharged.
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