S.No. 20

Regular

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CCP(D) No. 25/2019 in

LPASW No. 05/2019

Ishtiyaq Hussain & Ors.

… Petitioner/Appellant(s)

Through: Mr. Tasaduq H. Khawja, Advocate

V/s

Manzoor Ahmad Lone & Anr.

…Respondent(s)

Through: Mr. B.A Dar, Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.

ORDER

16.08.2022

Per Wasim Nargal J:

1. The present contempt petition has been preferred by the

petitioners against the judgment passed by this Court in

LPASW No.05/2019, which has been disposed of by virtue of a

detailed order/judgment dated 16.07.2019. The aforementioned

LPASW was disposed of in the following manner:-

i. <There is also no dispute to the fact that amounts

are payable even on date. We have no manner of

doubt

that

the

appellants

deserves

to

be

compensated by the respondents by way of interest

on the payments which have been delayed to them.

In our view, interests of justice would be served if

the respondents are directed to pay simple interest

@ 7.5% p.a. on the amounts payment whereof has

been delayed to the appellants for the period of

delay. It is so directed.

ii. The respondents shall compute the amounts which

became

payable

to

the

appellants

by

the

respondents on the date of their retirement

towards all benefits; the dates on which they were

due; the dates on which payments were made and

compute the interest on the reducing balances.

Such calculations be compiled and conveyed to the

appellants within a period of six weeks from today.

The payments found due shall be made by the

respondents to the appellants within a period of six

weeks thereafter. These shall include the principal

amounts due as also the interest.

iii. In case this order is not complied with, it shall be

open to the appellants to file an application to

bring the matter to this Court’s notice. We shall

then consider the request of the appellants for

award of interest @ 9% as a penalty for the default.

iv. It shall be open for the appellants to point out the

discrepancies

in

the

computation

by

the

respondents, the same shall be pointed out in

writing and conveyed to the Managing Director of

the Corporation. The Managing Director shall

examine the grievance(s) pointed out by the

appellants and effect calculations afresh taking the

same into consideration and make payments

thereof.

v. The appeal is disposed of in the above terms=.

2. The petitioners have preferred the present contempt petition

against the respondents for its wilful disobedience and non-

compliance on the ground that the amount due to the

petitioners along with the interest has neither been computed

nor any payment has been made.

3. The respondents have chosen to file various compliance

reports/statement of facts in this regard and the latest

compliance report/statement of facts has been filed by the

respondents in pursuance of this Court direction dated

07.07.2022, wherein it has been specifically pleaded in para 3 of

the aforesaid compliance report that the petitioners have

already

preferred

various

writ

petitions

bearing

SWPNos.614/2017,

189/2018,

572/2017,

675/2017

&

2067/2018, before this Court, whereunder they have claimed

that they have retired from the services of the corporation from

time to time and were not paid the post retrial benefits. The

respondents have further pleaded in para 3 of the compliance

report that during the pendency of the aforesaid writ petitions

(connected matters), this Court vide order dated 18.05.2018,

directed the respondents to deposit an amount of Rs. 2.00

crores before the Registrar Judicial of this Court within a period

of one month, failing which it was directed that the Court will

be constrained to put the 60 kanals of the land of the

department situated at