Bamapada Maity v. Milton Saha

06.08.2025.

Court No. 13 Item No. 5 ap I.A. No. CAN 1 of 2025 With CPAN 664 of 2025 In W.P.A. No. 13065 of 2024 Bamapada Maity

Versus

Milton Saha, Treasury Officer, Kharagpur Treasury Mr. Kaustav Mishra.

...For the applicant.

Mr. Bhaskar Prasad Vaisya, Mr. Nilay Baran Mandal.

...For the alleged contemnor.

1.

Modification of the order dated 16th May, 2024 is sought on the basis of an order passed by this Court on 19th January, 2024 in CPAN 1038 of 2023.

2.

It appears that the petitioner superannuated from service and was issued Pension Payment Order on 19th April, 2022. The Commuted Value of Pension was released to the petitioner on 26th May, 2022. 3.

Since the delay in releasing Commuted Value of Pension is about seven days after issuance of Pension Payment Order and the petitioner has been given the benefit of a lump sum amount in advance, having regard to the provisions of commutation of future pension in advance, the order of payment of interest thereon is, therefore, recalled.

4.

This Court, therefore, finds no contempt on the part of the alleged contemnor.

5.

CPAN 664 of 2025 is disposed of without any further order.

6.

In view of disposal of the contempt application itself, the connected application being CAN 1 of 2025 shall also stand disposed of.

7.

There will be no order as to costs.

8.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)