Naval Kishore Mishra v. Shri B. L. Tiwari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONTEMPT CASE (C) No. 421 of 2015 Naval Kishore Mishra S/o Shri Ambika Prasad Mishra, Aged About 68 Years R/o Village Harratola, Post- Lalpur, Tahsil- Pendra Road, Police Station- Pendra Road, Revenue And Civil District-Bilaspur Chhattisgarh ---- Petitioner

Versus

1. Shri B. L. Tiwari Secretary, Irrigation Department, Mahanadi Bhawan, New Mantralay, District- Raipur Chhattisgarh

2. Shri H. R. Kutare Engineer In Chief, Water Resources Department, Mahanadi Bhawan Mantralay, New Raipur Chhattisgarh

3. Shri V. K. Shrivastava, Superintendent Engineer, Hasdeo Kacchar, Water Resource Department, District - Bilaspur Chhattisgarh

4. Shri R. K. Agrawal Executive Engineer, Water Resource Division, Pendra Road, District- Bilaspur Chhattisgarh (Contemnors) ---- Respondents For Applicant:

Mr. Prakash Tiwari,Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 10.03.2016 1.

The present Contempt Petition has been filed against the noncompliance of the Order dated 17.04.2015 passed by this Court in W.P. (S) No. 1045/2014 directing the Respondents to consider the case of the Petitioner and settle the pensionary benefits of the Petitioner with interest at the rate of 6% within a period of four months. 2.

Notices were issued to the Respondents-State in the present Contempt Petition and the Respondents interalia vide their additional affidavits dated 29.02.2016 have submitted that in compliance of the order

passed by the Writ Court dated 17.04.2015 all the claims of the Petitioner, like the pension and other amounts payable to the Petitioner have been released to him.

3.

At this juncture learned Counsel for the Applicant claims that certain amount like time scale payment and the cost imposed in the Writ Appeal has not been disbursed by the Respondents.

4.

In the entirety of case this Court is satisfied that the order passed by the Writ Court has been substantially complied with by the Respondents, the contempt proceeding is not sustainable any further. 5.

The Contempt proceeding stands dropped.

6.

However, it would be at the liberty of the Petitioner to approach the proper Court in respect of his grievances which according to him have not been redressed by the Respondents.

7.

With the aforesaid observations the Contempt Case stands disposed.

Sd/- (P. Sam Koshy) JUDGE kishore