Suresh Chandra Tripathi v. Shri Gaurav Dwivedi

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cont. Case (C) No.904 of 2019 Suresh Chandra Tripathi Vs. Shri Gaurav Dwivedi & Anr. 25.02.2020 Shri Abhishek K Singh on behalf of Shri SS Rajput, Advocate for the petitioners.

Shri Vipin Tiwari, Advocate for the respondents. Alleging non compliance of the order dated 15.05.2018 passed by this court in WPS No.938 of 2016, the present contempt petition has been filed.

The direction of this court was to consider and decide the claim of the petitioner so far as grant of leave encashment is concerned in the light of the circular of the State dated 25.08.1986 granting similar benefits at par with the State Govt. employees.

Learned counsel appearing for the respondents submits that the order has since been complied with so far as petitioner is concerned as the balance of leave encashment has been ordered to be paid by cheque to the petitioner as is evident from the correspondence of the District Education Officer, Raipur, dated 07.02.2020.

Given the said submissions made by the counsel for the respondents, this court is of the opinion that the order passed by this court has been duly complied with.

In case, if there is any dispute so far as quantum of amount paid, it shall be open for the petitioner to approach this court by way of a fresh writ petition. The quantum of amount or a dispute in respect of the quantum of amount paid by the respondents cannot be decided exercising contempt jurisdiction of this court.

Reserving the right of the petitioner for the same, the contempt petition stands disposed of and the respondents are discharged from the contempt proceeding.

Sd/- (P. Sam Koshy) Judge Inder