Bombay High CourtCP/175/2015dispossed offdismiss for default

Dr. Mrs. Kalpana Sharad Jadhav v. Shri. Sanjay Chahande, The Principal Secretary, And Another

2015-08-14Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

CP175-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.175/2015 IN WRIT PETITION NO. 4079/2014 (D) (DR.MRS.KALPANA SHARAD JADHAV VERSUS SANJAY CHAHANDE & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.I. Sheikh, counsel for the petitioner. Shri A.S. Fulzele, Additional G.P. for the respondents. CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : AUGUST 14 , 2015.

By this contempt petition, the petitioner seeks action against the respondent for willful disobedience of the judgment dated 05.02.2015 in Writ Petition No.4079 of 2014. According to the petitioner, despite the directions to the respondents to compute the amounts payable to the petitioners in accordance with the judgments in Writ Petition No.10283 of 2012 and release the amount in favour of the petitioner within two months, the respondents have not released the amount. Shri Fulzele, the learned Additional Government Pleader has tendered an affidavit-in-reply in the Court, today. It is stated in the affidavit-in-reply that the judgment of the Aurangabad Bench in Writ Petition No.

10283/2012, that was considered by this Court while granting relief to the petitioner, was challenged before the Hon'ble Supreme Court and the special leave petition is still pending. By an order dated 05.05.2015, the State Government is directed by the Hon'ble Supreme Court to release the benefits to the respondents therein. It is stated that as soon as the order was passed on 05.02.

CP175-15 Government on 12.08.2015. It is stated that the pay of the petitioner would be revised subject to the decision and order that may be passed by the Hon'ble Supreme Court in the special leave petition. It is stated by the learned Additional Government Pleader that the amount would be released in favour of the petitioner within a period of ten days.

By accepting the statements made in the affidavit-inreply and also the statement made by the learned Additional Government Pleader, we dispose of the contempt petition with no order as to costs.

JUDGE JUDGE APTE