Bhag Singh Sain v. Rajiv Mehrishi

#6 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 899/2015 BHAG SINGH SAIN ..... Petitioner Through Mr. S.N. Kaul, Advocate.

versus RAJIV MEHRISHI ..... Respondent Through Mr. Sanjay Jain, ASG with Mr. Vivekananda Mishra, Ms. Aastha Jain and Ms. Karnika Singh, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 06.02.2017 Present contempt petition has been filed alleging wilful disobedience of order dated 15th September, 2015 passed by this court in W.P. (C) No. 6993/2013.

Today in Court, Mr. Sanjay Jain, learned Additional Solicitor General has handed over a photocopy of the office order dated 2nd February, 2017 by virtue of which petitioner has been promoted to the rank of Deputy Inspector General in the pay scale of Rs. 5100-150-5400-150-6150/- with effect from the date of promotion of Shri J.S. Bisht and Shri R.B. Saxena, both Area Organisers, i.e., 1st December, 1987, which is taken on record. The said order further states that the petitioner shall be entitled for pay and pension as

well as arrears of pension from the date of his retirement. Mr. Sanjay Jain clarifies that the order in question has been passed on the peculiar facts and circumstances of the present case and the government has directed that it should not have been treated as a precedent. Since learned counsel for the petitioner has expressed an apprehension that the order only directs payment of arrears of pension from the date of petitioner's retirement, it is clarified that the petitioner shall also be entitled for arrears of pay from the date of his promotion, i.e., 1st December, 1987 till the date of his retirement. Consequently, keeping in view the order dated 2nd February, 2017 as well as the aforesaid clarification, present contempt petition is disposed of as satisfied.

This Court places on record its appreciation for the services rendered by learned Additional Solicitor General in the present matter. MANMOHAN, J FEBRUARY 06, 2017 rn