CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Civil Contempt Petition No.200/32/2022 (in Original Application No.821/2017)

th Jabalpur, this Monday, the 06 day of May, 2024 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER Phool Chand, aged about 55 years, S/o Ghirao, Ex Helper/Khalasi, SSE/TRD/WCR, Itarsi, R/o Ward No.05, Shivaji Nagar, Near Bhaijan Flour Mill, Purani (Old) Itarsi, Itarsi – 461111 (MP), Mobile No.8109227984.

-Petitioner (By Advocate – Shri R.S. Tripathi)

V e r s u s Shri Sudhir Kumar Gupta, Indian Railway Services (in short ‘IRS’), The General Manager, West Central Railway, Indira Market, Jabalpur (M.P.) 482001 -Respondents (By Advocate – Shri A.P. Khare)

O R D E R By Akhil Kumar Srivastava, JM.-

This Contempt Petition has been filed by the petitioner alleging non compliance of order dated 05.12.2019 passed by this Tribunal in Original Application No.200/821/2017, wherein following directions were issued to the respondents:

“14. Resultantly, this Original Application is allowed and the respondents are directed to pay interest at the GPF rate at the relevant time on the delayed payment from the due date i.e. 29.09.2015 within a period of 60 days from the date of receipt of a certified copy of this order.”

2. Learned counsel for the respondents submits that in compliance of the order passed by this Tribunal, they have prepared a calculation sheet in respect of amount of interest paid to the applicant on account of delayed payment of retiral dues. As per this calculation sheet, the petitioner has already been paid interest on prevailing rate of interest on GPF and, as such, there is no willful violation of the order passed by this Tribunal dated

05.12.2019.

3. We have considered the matter and perused the documents available on record.

4. As per the calculation sheet filed by the respondents, it is evident that interest on delayed payment of settlement dues of the petitioner has been made by the respondents. Learned counsel for the respondents stated that this calculation has been made based upon the interest rate applicable on GPF at the relevant point of time, as per the directives of this Tribunal. If the petitioner is not satisfied with the same, he may raise his grievance in a separate proceeding and not in the proceedings under contempt. We are also in agreement with the submission made by learned counsel for the respondents. The respondents have passed orders in compliance of the directions of this Tribunal based upon their own interpretation and perception of these orders and cannot be said to have committed willful disobedience of the orders of this Tribunal.

5. In the result, this Contempt Petition is closed and the respondents are discharged from the notice of contempt.

(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)

Administrative Member Judicial Member am/-