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2025 DAILYLAW 57068 (CHH)

SURESH KUMAR SRIVASTAVA v. AMIT KATARIA

CONT/35/2025 · 2025-12-15

Shri Naresh Kumar Chandravanshi

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:61230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 35 of 2025 1 - Suresh Kumar Srivastava S/o Late Shri Shayam Lal Srivastava Aged About 66 Years R/o House No. 65, Shriram Nagar, New Changorabhatha, Raipur District Raipur Chhattisgarh 2 - Ram Kumar Dewangan S/o Firtu Ram Dewangan Aged About 66 Years R/o Lakhenagar, Dewangan, Gali Near Vinayak Dairy, Raipur Dist. Raipur Chhattisgarh 3 - R. Mahalaxmi Rao W/o Late Shri R. Noidas Aged About 61 Years R/o House No. C/41, Sector-2, Devendra Nagar, Raipur, Dist. Raipur Chhattisgarh ... Applicants versus 1 - Amit Kataria, Secretary, Department Of Health And Family Welfare And Medical Education, Mahanadi Bhawan, Atal Nagar Raipur Chhattisgarh 2 - U.S. Paeikra Director Of Medical Education, DKS Bhawan Parisar Old Nurses Hostel, Besides Lal Ganga Complex, Chhattisgarh 492001 3 - Vivek Chaudhary Dean Pt. Jawahar Lal Nehru Memorial Medical College, Raipur, Opposite Central Jail, Moudhapara, Raipur, Chhattisgarh 4 - G.P. Mishra Joint Director, Directorate Of Treasury Accounts And Pension, Near Gadhi Chowk District Raipur District Raipur Chhattisgarh ... Respondents RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.12.17 17:32:08 +0530 2 (Cause title, as taken from CIS) For Applicants : Mr. Akash Kumar Kundu, Advocate For Respondents No.1 to 3 : Mr. Rakesh Kumar Jha, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 16/12/2025 1. Mr. Shesh Narayan Chandrakar, Nodal Officer is also present in person before this Court. 2. This Contempt petition has been preferred by applicants under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 for non-compliance of the common order dated 31.05.2024 (Annexure-C/1) passed in WP(S) No.1453/2021 and other connected cases. 3. Learned counsel appearing for the respondents No.1 to 3 submits that the order under contempt has been complied with and all applicants have been granted their retiral dues i.e. family pension, gratuity and leave encashment. In this regard, he has filed communication made by Dean, Pandit Jawahar Lal Nehru Memorial Medical College, Raipur (CG) to the Commissioner, Medical Education Department, Raipur dated 02.12.2025. Learned counsel has filed aforesaid document along with all annexures through covering memo. 4. On this, learned counsel for the applicants submits that it has not been mentioned in aforesaid communication that while calculating leave encashment and gratuity, period of service of applicants from the date of their initial appointment has been taken or not. 5. In reply, Nodal Officer present before the Court submits that leave encashment and gratuity have been granted to the applicants in 3 accordance with the rule applicable to them by calculating their eligibility period. 6. Thus, since order under contempt has been complied with and pensionary benefits have been granted to the applicants, therefore, no case of contempt is made out against the respondents. However, it is observed that if applicants have left any grievance, then they may take recourse to law. 7. In view of above, the contempt petition stands disposed of. 8. Accordingly, the rule issued to respondents is discharged and contempt proceeding is dropped. 9. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar