Harish Chandra Dahariya v. N.K. Khakha

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 846 of 2019 Harish Chandra Dahariya S/o Devnandan Dahariya Aged About 69 Years R/o Prem Nagar, Mova, Raipur, District Raipur, Chhattisgarh. ---- Petitioner

Versus

N.K. Khakha Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh ---- Respondent For Petitioner : Shri Raghvendra Pradhan, Adv.

For Respondent : Shri Anup Majumdar, Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07.01.2020

1. The present contempt petition has been filed alleging non compliance of the order dated 11.10.2018 passed in WPS No. 1391/2012.

2. The writ petition was filed challenging the order dated 16.12.2011 permanently withholding of the pension payable to the petitioner. This Court vide aforesaid order dated 11.10.2018 allow the writ petition with all consequential benefits to follow. Counsel for the respondent along with Covering memo dated 03.01.2020 has produced an order dated 20.11.2019 whereby the order of pension and gratuity of the petitioner has since been released.

3. Given the aforesaid facts, the respondent has released pension payable to petitioner, this Court is of the firm view that the order passed by this Court stands complied with.

4. However, in case, if the petitioner finds that he has not been paid his actual due that he is entitled for, the remedy available to the petitioner would be for raising the claim by way of a fresh

-2proceedings, the said claim can not be decided under the contempt jurisdiction of this Court.

5. Accordingly, the contempt petition stands disposed of. e /- Sd/- (P. Sam Koshy) Judge Jyotijha