Ramsagar Sinha v. Shri T. R. Ekka

HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 364 of 2020 Ramsagar Sinha S/o Late Shiv Lal Sinha Aged About 60 Years Retired Constable (G.D.) (Batch No. 821) O/o The Commandant, 2nd Battolion Chhattisgarh Armed Force, Sankri, Bilaspur, DistrictBilaspur (C.G.) ---- Petitioner

Versus

Shri T. R. Ekka The Commandant, 2nd Battolion Chhattisgarh Armed Force, Sankri, Bilaspur, District- Bilaspur, Chhattisgarh ---Respondents For petitioner - Shri Rajesh Kumar Kesharwani, Advocate. For respondent- Shri Atul Kesharwani, Advocate appears on behalf of Shri V.R. Tiwari, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 21/09/2020 Heard.

1.

By order dated 16/12/2019 the court has directed respondent No.4 to decide and pay the retiral dues of the petitioner within a period of two months.

2.

Learned counsel for the petitioner submits that since February, 2020 pension has not been paid.

3.

Learned counsel for the respondent submits that case of the petitioner has been decided and since pension are to be fixed, letter has already been forwarded, therefore order has already been complied. 4.

Perused the order. This court on 16/12/2019 has passed the effective order. Considering the reply Annexure R-1 and R-2, since decision has already been taken by the respondent the orders appears to have been complied. The contempt petition cannot be converted into original writ petition to grant fresh relief. After reading of Annexure R-1 and R-2 which shows that letter has already been forwarded to the Treasury for release of retiral dues, no deliberate disobedience of the order appears

to have been committed. The petitioner shall be at liberty to file writ petition if so advised.

5.

Accordingly, the contempt petition is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri