Syed Ahmed Syed Chand v. Omprakash Gupta And Others

CP 362/15 in WP 2149/01 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.362/2015 IN WRIT PETITION NO.2149/2001 Syed Ahmed Syed Chand.

...Petitioner..

Versus

Omprakash Gupta & others.

...Respondents...

.....

Shri Pradeep Deshmukh, Advocate h/f Shri Y.P. Deshmukh, Advocate for petitioner.

Shri S.M. Godsay, Advocate for respondent nos.1 to 4. Shri S.Y. Mahajan, AGP for the State.

.....

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 05.10.2016 ORDER :

1] Present contempt petition is filed alleging noncompliance of the order passed by this Court on 17.12.2014.

2] We have heard learned counsel for the petitioner. 3] Learned counsel for the respondent nos.1 to 4 submits that the petitioner has been paid all the retiral benefits treating his services as a Superintending Engineer. The payment is also made subsequent to the

CP 362/15 in WP 2149/01 - 2 - filing of the present contempt petition and as far as leave encashment is concerned, the approval is also granted to the same and the payment of it would be made within four weeks.

4] Learned counsel for the petitioner submits that the respondents be directed to give the petitioner certificate as having retired as Superintending Engineer. 5] The order of this Court stands complied with to a major extent though belatedly. The reasons are given for not being able to comply with the order within the stipulated period as directed by this Court. We accept the said explanation given.

6] In the light of that, the contempt stands purged. The contempt petition is disposed of. The respondents shall give the certificate to the petitioner of having retired as Superintending Engineer so also the payment of leave encashment shall be made within four weeks from today.

(K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c5101614.doc