Narayan Lal Sahu v. Shri Avinash Champawat

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 687 of 2019 Narayan Lal Sahu S/o - Late Shri Sakharam Sahu, Aged About 64 Years, R/o - Near Yadav Samaj Bhawan, Bhanupratappur, District North Bastar - Kanker, Chhattisgarh ---- Petitioner

Versus

1. Shri Avinash Champawat Posted As Secretary, Water Resources Department, Government Of Chhattisgarh, Mahanadi Bhawan Mantralaya, New Raipur, Chhattisgarh

2. Shri Rajeev Kumar, Posted As Accountant General, State Of Chhattisgarh, Zero Chowk, Balodabazar Road, Raipur, Chhattisgarh

3. Shri Jayant Pawar, Posted As Engineer-In-Chief, Water Resources Department, Raipur, Chhattisgarh

4. S. K. Tamrakar, Posted As Executive Engineer, Water Resources Division, Kawardha, District Kabirdham, Chhattisgarh ---- Respondents For Petitioner :

Mr. Bharat Rajput, Advocate For Respondent no.1 :

Mr. Samarth Pandey, Advocate For Respondent no.2 :

Mr. Raj Kumar Gupta, Advocate For Respondents 3 & 4 :

Mr. P. K. Bhaduri, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.02.2020

1. The present contempt petition has been filed for the alleged disobedience/non-compliance of the order dated 07.01.2019 passed by this Court in WPS No. 4970/2017.

2. The contempt is said to have been made in respect of the order passed by

this Court as reflected hereinunder:

"Given the said fact that the petitioner stands retired from service of the State of Chhattisgarh, let the dues which are admissible to the petitioner be paid to him at the earliest preferably within a period of 60 days from today."

3. Today, Mr. P. K. Bhaduri has filed an application for taking additional documents on record showing that even before the order dated 07.01.2019 passed by this Court, the respondents had paid an amount of Rs. 9,13,421/- towards GPF amount. Likewise, on 14.02.2019, two payments were made to the petitioner; firstly Rs.95,580/- towards leave encashment and secondly Rs.4,751/- towards Family Benefit Fund. Subsequently, the anticipatory pension was also calculated from 01.03.2017 and an amount of Rs.2,94,354/- has already been credited to his account and it has also been decided that henceforth anticipatory monthly pension of Rs.7,750/- shall be paid to the petitioner without any default.

4. Given the said details by the counsel for the respondents 3 & 4, this Court is of the firm view that the order passed by this Court on 07.01.2019 stands complied with. In the event the petitioner disputes the amount which has been paid to him, he has all the right to move an appropriate application in the pending writ petition i.e. WPS No. 4970/2017 and which shall be looked into while deciding the same finally.

5. Accordingly, the contempt petition stands disposed of and the respondent/contemnors stand discharged from the contempt proceedings. Sd/- P. Sam Koshy Judge Khatai