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2025 DAILYLAW 20962 (CHH)

ALOK ZACHARIAH, v. DR. ABHIMANYU SINGH

CONT/608/2024 · 2025-01-09

Shri Naresh Kumar Chandravanshi

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:1451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 608 of 2024 Alok Zachariah, S/o Late Shri K.K. Zachariah Aged About 65 Years Occupation- Retired Accountant, R/o Village Umarmara, Post- Amali, Tahsil- Kota, District- Bilaspur, Chhattisgarh. Mo. No. 8839980520.............Applicant/petitioner) --- Petitioner(s) versus 1 - Dr. Abhimanyu Singh Block Medical Officer Community Health Center Gaurela, Tahsil- Gaurela, District- Gaurela-Pendra-Marwahi, Chhattisgarh............. (Contemnor/res. No.6) 2 - Shri Subir Bhattacharya District Treasury Officer, Gaurela-Pendra-Marwahi, District- Gourela-Pendra-Marwahi, Chhattisgarh..............(Contemnor/res.No.7) --- Respondent(s) For Petitioner(s) : Mr. Sourav Agrawal, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 09/01/2025 1. The applicant has preferred this contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging non-compliance of Order dated 12.7.2023 passed in WPS No.4419/2023 (Annexure-C/1). 2. This Court has passed following order in aforesaid writ petition, which reads as under:- BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.01.10 10:29:23 +0530 2 “Meanwhile, considering the fact that an amount of Rs.11,07,394/- was paid to the petitioner on account of erroneous fixation of pay granted way back in October 2008, i.e. about more than 16 years back, a prima facie strong case so far as interim protection to an amount of Rs.11,07,394/- is made out, particularly keeping in view the judgment of the Hon’ble Supreme Court in the case of “State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc.” 2015 AIR SCW 501 and which has subsequently been affirmed in the case of “Thomas Daniel vs. State of Kerala” 2022 SCC Online SC 536. The respondents are directed to ensure that after retaining an amount of Rs.11,07,394/-, the remaining admissible dues flowing from the retiral and pensionary benefits should be released to the petitioner forthwith without any further delay.” 3. Learned counsel for the applicant submits that the respondents have issued order to disburse 100% pension to the applicant from November 2024. He further submits that Order dated 12.7.2023 passed by this Court in WPS No.4419/2023 has been complied with. 4. Learned counsel for the respondents also submits that after retaining Rs.11,07,394/-, all the retiral dues and pensionary benefits is being provided to the applicant and order has also been issued to provide 100% pension to the applicant, as such, order has been complied with. 5. In view of the above contention of both learned counsel for the parties, since order of contempt has been complied with, no case of contempt is made out. 6. Accordingly, the instant contempt petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini