D. Malleswara Rao (Since Died) As Per Lrs. v. Sri C V R Rajendran,

HON'BLE SRI JUSTICE R. SUBHASH REDDY AND HON'BLE SRI JUSTICE A. RAJASHEKER REDDY CONTEMPT CASE No.455 of 2014 ORDER: (Per Justice R. Subhash Reddy) Wilful disobedience on the part of the respondents in complying the order of this court dated 30.08.2013 passed in W.A.No.1899 of 2005 is the complaint in this contempt case filed under Sections 10 to 12 of the Contempt of Courts Act, 1971.

2. By the aforesaid order, the order of the learned single Judge dated 22.08.2005 passed in W.P.No.12565 of 1998 is confirmed. The learned single Judge, while holding that, treating the petitioner as resigned from service is arbitrary and illegal, further held that petitioner is deemed to have retired voluntarily. Further directions are issued for payment of pension as per the regulations and arrears were directed to be paid within a period of three months.

3. Respondent has filed counter-affidavit. In the counter-affidavit, it is stated that the order passed by the learned single Judge in W.P.No.12565 of 1998 is already implemented and a set of pension papers were sent to the petitioner on 22.12.2014 and the petitioner has already submitted filled-in pension papers, which are received on 02.02.2015 and pension order will be issued after getting

sanction from the competent authority.

4. In view of the steps taken by the respondent, it is clear that respondent has complied the directions of this Court and, further, in view of the averments made in the counter-affidavit that pension order will be issued shortly, we are of the view that it is not a fit case to proceed further.

5. Contempt Case is accordingly closed. As a sequel, miscellaneous petitions if any pending stand closed. _____________________ R. SUBHASH REDDY, J ________________________ A. RAJASHEKER REDDY, J February 6, 2015 MRR