M.Venkateswarlu v. Shri Arun Kumar Jain

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T. AMARNATH GOUD CONTEMPT CASE No.6 0 7 of 2 0 1 9 ORDER:

This contempt case was instituted alleging disobedience to the order dated 07.09.2018 passed in IA.No.1 of 2017 (WPMP.No.12365 of 2017) in WP.No.16571 of 2013.

2.

By the said order, this Court directed that pendency of the writ petition would not preclude the authorities from taking necessary action as and when pension papers were submitted by the petitioner and that such action should be taken expeditiously. 3.

Sri Satish Kumar Varma, learned counsel, representing Sri P. Bhaskar, learned counsel for the respondent, would inform this Court that upon presentation of the pension papers by the petitioner, his pension has been duly fixed and therefore, the order has been complied with. Dr. P.B. Vijay Kumar, learned counsel for the petitioner, would, however, state that the petitioner has a dispute with regard to fixation of the pension.

4.

We are of the opinion that the quantum of the pension, even if it is disputed, cannot be made the subject matter of enquiry in contempt proceedings. All the more so, when the order passed by this Court did not go into that aspect. We are of the further opinion that the order has been duly complied with and in the event the petitioner has any dispute with regard to quantification of the pension, it is for him to take appropriate steps to seek redressal of such grievance before the

appropriate forum in accordance with law. Leaving it open to him to do so, this contempt case is closed.

Pending miscellaneous petitions shall also stand closed.

There shall be no order as to costs.

_______________ SANJAY KUMAR, J ___________________ T. AMARNATH GOUD, J August 22, 2019 DSK