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Bombay High CourtCP/284/2017disposedoff

Dr.Tayyabali Sheikh Ibrahim. v. Smt. Sujata Saunik, Principal Secretary, Public Health

2021-03-02Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 284 OF 2017 IN WRIT PETITION NO. 146 OF 2000 (D) (Dr. Tayyabali Sheikh Ibrahim, Nagpur Vs. Smt. Sujata Saunik & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. Manisha Shukla, Advocate h/f Shri S.P.

Bhandarkar, Advocate for the petitioner.

Mrs. T. Khan, A.G.P. for the respondents.

.....

CORAM : A.S. CHANDURKAR & PUSHPA V. GANEDIWALA, JJ.

MARCH 02, 2021.

Heard.

2.

The grievance of the petitioner in the instant Contempt Petition is that the order passed by this Court on 13/10/2016 in Writ Petition No. 146/2000 has not been complied with by the respondents, and thereby committed contempt of Court. For ready reference, the relevant portion of the said order is reproduced below :

"10. XXXX

ORDER

(i) XXXX (ii) XXXX (iii) Needless to state that all the consequential monetary benefits to which

the petitioner would be entitled to, on the basis of the petition being allowed, shall be paid to him within a period of six months from today.

No costs."

3.

The learned A.G.P. filed the reply affidavit on record stating therein that the compliance of the aforesaid order has been done, and that whole of the amounts towards the heads - death-cum-retirement gratuity, leave encashment, arrears of salary and allowances, general provident fund, difference between the provisional and regular pension, etc., have been paid to the petitioner. It is further stated that the petitioner died on 18/05/2019, and the widow of the petitioner, viz., Smt. Musrat Tayyabali is being paid regular family pension from 19/05/2019, and that the same is being deposited in her pension account in the Central Bank of India, Lalganj bearing No. 1943408330. That the last monthly family pension of Rs.12,491/- (rupees twelve thousand four hundred ninety one) is paid to her.

4.

In this view of the matter, we are satisfied that the aforesaid order has been duly complied with. Hence, nothing further remains to be

adjudicated upon in the instant Contempt Petition. The same is disposed of accordingly.

(JUDGE) (JUDGE) Sumit