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High Court Of ChhattisgarhCONT/17/2017disposed off

Chhaya Rani Chakraborty v. Meenu Batra

2017-01-25Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 17 of 2017 Chhaya Rani Chakraborty W/o Late Shri G.C.Chakraborty, Aged About 89 Years R/o Priyadarshani Nagar, Raipur, Chhattisgarh ---- Petitioner

Versus

1. Meenu Batra Deputy Secretary, Ministry Of Home Affairs (F F Division), 2nd Floor, N D C C-2 Building, Jaisingh Road, New Delhi110001

2. S.Vardarajan, Assistant General Manager, State Bank Of India, Behind Working Women Hostel, Govind Pura, Bhopal- 462023 (M.P.) ...............(Contemnors) ---- Respondents For Petitioner :

Shri Anup Majumdar, Advocate For State Bank of India :

Shri P.R. Patankar, Panel Lawyer For Union of India :

Shri Rajkumar Gupta, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/01/2017 Heard.

1.

Learned counsel for the Union of India and State Bank of India submit that this is a contempt matter and they have no instructions. 2.

Despite order of the Court, arrears of pension have not been released and it appears that the State Bank of India, Officer at Bhopal has sought guidance of the Government of India in the matter of release of arrears of pension of the petitioner.

3.

This Court clearly directed in its order dated 11.04.2016 that the pension of the petitioner including arrears shall be released forthwith by the Bank. Therefore, it casts an obligation on the Bank to release not only pension as also arrears of pension. It is found that the petitioner is being paid pension, however, till date, arrears have not been released. The petitioner has placed on record a memo dated 22.09.2016 of the Bank

addressed to the Government of India, text and tenor of which shows that advice has been sought for release of arrears of pension of the petitioner. 4.

The Bank has indulged in unwarranted communication. Once there is an order of the Court to pay arrears of pension also, it is not dependent upon any clearance to be given by Union of India. Union of India was a party to the petition and the order passed by the Court binds Union of India as well. Therefore, in these circumstances, at this stage, this contempt petition is disposed off. The Bank is expected to comply with the direction of the Court for arrears of pension without awaiting any kind of guidance from the Union of India.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha