IMPORTANT POINT
Element of willingness is indispensible for establishing contempt.

Judgment :-

Dr. B.S. Chauhan, J.

1. This Contempt Petition has been filed by the applicant that the respondents, who are alleged contemnors herein, have wilfully violated the judgment and order dated 5.7.2012 passed by this Court in C.A. No. 4985 of 2012 as the respondents failed to pay all consequential benefits of service as directed and thus, the respondents should be dealt with under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as `the Act’) and further, to direct the contemnors to implement the order in its true spirit and fix his pension according to the post of Joint Secretary (Legal) and provide all its retirement benefits.

2. Facts and circumstances of this petition are that the applicant while working as an Under Secretary (Legal), Dakshin Haryana Bijli Vitran Nigam Ltd. (hereinafter referred to as `Nigam’) was compulsorily retired vide an order dated 19.11.2003. Aggrieved, he challenged the said order by filing Writ Petition No. 3954 of 2004 and during its pendency, he reached the age of superannuation on 28.2.2006. The said writ petition was allowed by the learned Single Judge vide judgment and order dated 10.2.2009 quashing the impugned order dated 19.11.2003 but did not award the back wages to the applicant for the period he was out of job. The Nigam filed LPA No. 646 of 2009 challenging the order of the learned Single Judge. The applicant also filed LPA No. 542 of 2009 for claiming the arrears of pay. The LPA of Nigam was dismissed affirming the judgment and order of the Single Judge vide judgment and order dated 24.7.2009 and has attained finality. The appeal filed by the applicant was also dismissed vide judgment and order dated 10.8.2009.

3. Aggrieved, the applicant challenged the judgment and order dated 10.8.2009 of the Division Bench by filing the Special Leave Petition which was entertained as C.A. No. 4985 of 2012, which was disposed of by this Court vide judgment and order dated 5.7.2012 directing that the applicant shall be entitled to the back wages for the period during which he was out of job alongwith reinstatement. The applicant has not been given the benefit of re-designated pay/post and the pay- scale of a higher post wherein after the compulsory retirement of the applicant, one Smt. Pooman Bhasin had been appointed w.e.f. 16.3.2005 and has been extended the benefit which has been allegedly denied to the applicant.

Hence, this Contempt Petition.

4. Shri Vikas Mehta, learned counsel appearing on behalf of the applicant, has submitted that as the learned Single Judge of the High Court had allowed the writ petition filed by the applicant quashing the order of compulsory retirement with all consequential benefits except back wages and this Court allowed the appeal of the applicant and has given back wages also. The conjoint reading of both the orders tantamount to grant of all possible/permissible benefits to the applicant for his service. As the applicant was senior to Smt. Poonam Bhasin, he was entitled to the re-designated post as well as the salary for the post of Joint Secretary (Legal), which has been denied by the respondents. Therefore, the applicant is entitled for the claim and the respondents should be prosecuted and punished for disobedience of the said judgments and orders.

5. On the contrary, Shri Narender Hooda, learned AAG appearing on behalf of the respondents, has vehemently opposed the application contending that there is neither any direction of any court to give benefit of the revised post to the applicant, nor his candidature has ever been considered for that post. The State authority cannot be forced to pay the salary to two persons for one post. The applicant has never challenged the re-designation of Smt. Poonam Bhasin. Thus, there is no wilful disobedience of any order passed by this Court. The application for initiating the contempt proceedings is totally misconceived and is liable to be rejected.

6. We have considered the rival contentions advanced by l