IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

CACP No. 35 of 2024 (O&M)

in COCP No. 3491 of 2024 in CWP No. 12551 of 2024 Reserved on: 27.11.2024 Pronounced on: 07.1.2025 Amit Kumar Aggarwal and others .....Appellants Versus Sunita Rani ....Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Ankur Mittal, Addl. A.G., Haryana Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana, Mr. Saurabh Mago, DAG, Haryana Ms. Kushaldeep K. Manchanda, Advocate and Mr. Siddhant Arora, Advocate for the appellants.

Mr. Vivek Aggarwal, Advocate for the respondent.

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SURESHWAR THAKUR , J.

1. The instant appeal has been directed against the order dated 23.9.2024, as passed by the learned Contempt Bench of this Court in COCP No. 3491 of 2024.

Brief facts of the case.

2. The respondent herein vide letter dated 1.12.1983, was appointed as a Craft Teacher in the Panchayat Samiti, Block Barara, District Ambala and her services were regularized on 30.1.1995, and, on 31.1.2020, she retired from the post of Craft Teacher from Panchayat Samiti Barara, District Ambala. The respondent herein instituted CWP No. 12551 of 2024 before this Court with a prayer therein to direct the appellants to release her pension, gratuity, medical allowances and other retiral benefits along with interest from the due date. Vide order dated 27.5.2024, the said petition was disposed by this Court but in terms of the order dated 7.3.2024 passed in CWP-8306-2015. The operative part of the order dated 27.5.2024 becomes extracted hereinafter. “5. Learned counsel for the respondents submits that in case, the representation dated 21.07.2022 (Annexure P-8) has been received in the office of concerned authorities and is still pending consideration, the same will be decided by the authorities concerned within a period of eight weeks of the receipt of copy of this order by keeping in view the settled principal of law as settled in Annexure P-7 and in case, after the decision of the representation, any benefit accrues to the petitioner, the same will also be released to him otherwise due reasons will be mentioned in the speaking order for not accepting the claim of the petitioner for his information and necessary action.

6. Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondents, the present writ petition may kindly be disposed of in view of Annexure P-7 having been not pressed any further.”

3. Since the order dated 27.5.2024 remained purportedly uncomplied, thereby the respondent herein preferred COCP No. 3491 of 2024, before this Court, with a prayer therein to intiate contempt proceedings against the contemnors concerned, thus on account of the appellants herein purportedly wilfully disobeying the order (supra) passed by this Court. It has been further alleged therein, that even after the passing of the order dated 27.5.2024, the respondents concerned have not complied with the directions of this Court, which amounts to wilful disobedience on their part.

4. The learned Contempt Court concerned, vide order dated

23.9.2024, passed the hereinafter order upon the COCP (supra).

“Considering the fact that directions to consider the claim of the petitioner(s) was passed on 27.05.2024, a period of more than 04 months has elapsed, thus, in case the compliance report is not filed within the aforesaid stipulated period, the officer concerned shall join the proceedings through video- conferencing and would be liable to pay litigation costs to the petitioner(s) to the tune of Rs.50,000/- from his/her own pocket.”

5. The order (supra), passed by the learned Single Judge (Contempt Court) has caused pain to the appellants herein and has led them to file thereagainst the instant appeal before this Court.

6. In pursuance to the said order, the appellants filed a status report, thus detailing thereins that the representation of the respondent herein has been decided through a speaking order dated 13.9.2