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Bombay High CourtCP/45/2019disposedoff

Edward S/O David Baghel v. Dr. Sanjay Kamalnarayan Jaiswal,The Deputy Director, Health Services, Nagpur

2021-03-10Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1CP 45.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 45 OF 2019 IN WRIT PETITION NO. 4624 OF 2016 (Edward s/o David Baghel, Nagpur Vs. Dr. Sanjay K. Jaiswal, the Deputy Director, Health Services, Nagpur Circle, Laxmi Nagar, Nagpur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri C.A. Anthony, Advocate for the petitioner. Mrs. S.S. Jachak, A.G.P. for the respondent.

.....

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

MARCH 10, 2021.

Heard.

2.

The grievance of the petitioner in the instant Contempt Petition is the non-compliance of the order 03/03/2017 passed by this Court in Writ Petition No. 4624/2016, whereby this Court directed the respondents to take necessary steps to release the regular pension and arrears to the petitioner for the period from 01/06/2012 onwards, and also interest in terms of the Maharashtra Civil Services (Pension) Rules, 1982, shall be paid to the petitioner for the delayed release of his pension.

3.

Mrs. Jachak, learned A.G.P., filed the reply affidavit on record stating therein that the

1CP 45.2019 directions given by this Court in the aforesaid order have been duly complied with, and the difference between the regular pension and provisional pension was paid to the petitioner, and interest up to 28/06/2017, has also been deposited in DCRG account of the petitioner. It is also stated that in view of wrong calculation on part of the respondents, amount of Rs.11,197/- have been additionally deposited.

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.

5.

Even if the petitioner is having any grievance for interest on delayed payment, he is at liberty to agitate the same in an independent proceedings as per para 10 in the aforesaid order. 6.

Pending Civil Application/s, if any, shall stands disposed of.

(JUDGE) (JUDGE) Sumit