Non-compliance regarding arrears disbursement linked to government sanction upheld, allowing the petitioner to address the issue in pending writ petition.

JUDGMENT

The above contempt of court case is filed alleging non-

compliance of Annexure-A interim order dated 19.10.2022 in W.P.(C) No.16480 of 2021. As per Annexure-A interim order the court directed that the request of the petitioner for the grant of assessment promotion and the benefit thereof as per Ext.P21 is liable to be considered by the respondents and to pass orders thereon within a period of two weeks from the date of receipt of a copy of the order. Consequent thereto, Annexure-B order dated 07.11.2022 was issued by the respondents wherein assessment promotion was granted to the petitioner. The grievance now raised by the petitioner is that the arrears due has not been disbursed.

2. A detailed counter affidavit has been filed by the 2^nd respondent wherein it is is stated that in compliance with the direction in Annexure-A interim order assessment promotion was granted to the petitioner. It is further stated that the revision of the pay was approved as per G.O.(MS) No.4/2022/S&TD dated 25.03.2022, but the said Government Order specifically mandates that the revision of pay will be effective from 01.01.2016, and as regards arrears of pay and allowances between 01.01.2016 and the effective date of implementation, the same will be sanctioned through separate orders and the respondents are awaiting orders from the Government in this regard. Similar stand was taken in the additional counter affidavit filed by the 2^nd respondent. In Annexure-R2(b) circular produced along with the additional counter affidavit it is made clear that no arrears shall be disbursed until the same is sanctioned by the Government. Reasons have been stated by the respondents for not granting the arrears. A perusal of Annexure-R2(b) would reveal that assessment promotion has already been granted as directed in the interim order.

The writ petition is pending consideration. If the petitioner has any grievance that she is also entitled for the arrears, it is for the petitioner to agitate the same in the writ petition. Leaving open such right of the petitioner the above contempt of court case is closed.

Sd/-