IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-3313-2024 (O&M)

Date of decision: 17.10.2025 Raj Kumar and others ...Petitioners Versus Nilkant S. Avhad and another ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. S.K. Sirsa, Advocate for the petitioners.

Mr. Sandeep Singh, AAG, Punjab.

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VIKAS BAHL, J. (ORAL)

1. This is a Contempt Petition filed under Article 215 of the Constitution of India for initiation of contempt proceedings against the respondents for their willful and intentional disobedience of the order dated

03.08.2011 (Annexure P-1) passed by the Division Bench of this Court.

2. Learned counsel for the respondents-State has referred to para 5 of the affidavit dated 27.11.2024 and has submitted that the entire amount due to the petitioners has been paid. Para 5 of the said affidavit is reproduced hereinbelow:-

“5. That we have also made the payment of minimum pay (the basic pay + grade pay + dearness allowances) to the petitioners in compliance order dated 16.08.2022 in Contempt petition (Civil) no. 399 of 2020 in Special Leave Petition no.

25389 of 2011 by the Hon'ble Apex Court. The true copy of the Detail of Payments released to the petitioners is annexed herewith as Annexure R-2.”

3. Learned counsel for the petitioners has submitted that as per the judgment of the Division Bench of this Court, all the allowances were required to be paid to the petitioners and as per his instructions, the petitioners have not been paid all the allowances. It is submitted that at this stage, the present contempt petition be disposed of but liberty be granted to each of the petitioners to give a detailed representation to the competent authority of the respondents giving the details of the Rules and the Regulations under which the petitioners are entitled to the allowances, which as per the case of the petitioners have not been given to them till date and also giving the amount of the said allowances which as per the petitioners are due to them and have not been paid to them. It is prayed that the competent authority of the respondents be directed to consider the said representation and decide the same in a time bound manner and in case the competent authority find that some amount is due to the petitioners then the same be released or speaking order regarding the same be passed.

4. Learned State Counsel has submitted that they have no objection to the said course of action but has submitted that adequate time representation as there are 32 petitioners.

5. Keeping in view the abovesaid facts and circumstances, the present contempt petition is disposed of at this stage with liberty as sought consider the representation of each and every petitioner in accordance with law within a period of three months from the date of receipt of said representation(s). In case, the competent authority is of the opinion that the amount which is claimed by the petitioners is due to them, then, the said amount be released to them within a further period of two months therefrom. In case, the competent authority is of the opinion that the amount is not due to the petitioners, then, the competent authority would pass speaking order(s) with respect to each of the petitioners separately within a period of four months from the receipt of the said representation.

6. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.

17.10.2025 (VIKAS BAHL)

JUDGE Pawan