Abdul Rashid v. Mr. H. Rajesh Prasad (PDD) & Ors.
Case at a glance
Outcome
Disposed of
In view of the above, this contempt petition is disposed of
Key paragraphs
- Para 55. In view of the aforesaid stand taken by the respondents, there remains nothing for adjudication in this contempt petition. The Judgment passed by this Court stands complied with. Learned counsel for the petitioner disputes the manner in which pension of the petitioner has been…
Judgment
Through: Mr. S. A. Makroo, Sr. Adv. with Mr. Rahil Noor, Adv. Mr. Basharat Wani, Adv. Vs. Mr. H. Rajesh Prasad and Ors. (PDD) ...Respondent(s) Through: Mr. Alla-u-din Ganai, AAG with Ms. Shaila Shamim, Adv. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE ORDER 01.07.2024
The instant petition has been filed for initiating contempt proceedings against the respondents for their willful disobedience of order and judgment dated 21.09.2021 whereby this Court while setting aside the judgment of learned Single Judge dated 28th November, 2023, directed the Corporation to get the confirmation/adoption of the scheme/ JKSPDCL pension rules and also issues direction for release of pensionary/retiral dues to the respondents/petitioners if they are entitled and covered thereunder.
Respondents have filed statement of facts/response from time to time and their stand is that the matter was considered by the Board of Directors in its 84th Meeting held on 14th March, 2023, wherein having regard to the fact that superannuation pension scheme was alive and had been operational since June, 2018 with Life Insurance Corporation of India managing the pension fund and that one of the retirees had already been paid pension under the said scheme. It was resolved that decision to pay the superannuation pension to JKSPDCL employees did not require any further ratification by the Board.
Pursuant to this decision, the Managing Director of the Corporation took up the matter with the Branch Manager, P&GS Unit, LIC of India, Jammu vide Communication No. JKSPDCL Trust/125/0668/12-17 dated 20-09-2023 for release of provisional pension in favour of the petitioner w.e.f September, 2023, with intimation to the Trust. It was also intimated that so far as the arrears for the period from February-2014 to June-2018 are concerned, same shall be paid by the Trust.
Now the latest stand taken by the respondents in their reply affidavit filed on 1st March, 2024, is that the case of the petitioner has been re-examined in the light of the aforesaid pension scheme and it has been found that the provisional pension sanctioned in favour of the petitioner is correct one and needs to be treated as final pension.
Operative part
In view of the aforesaid stand taken by the respondents, there remains nothing for adjudication in this contempt petition. The Judgment passed by this Court stands complied with. Learned counsel for the petitioner disputes the manner in which pension of the petitioner has been calculated and the scheme has been interpreted by the respondents. We are of the opinion that such issues cannot be agitated in the contempt proceedings. In view of the above, this contempt petition is disposed of with liberty to the petitioner to agitate the issue of wrongful fixation of pension by way of appropriate petition in accordance with law. (M. A. CHOWDHARY) JUDGE (SANJEEV KUMAR) JUDGE SRINAGAR 01.07.2024 Sakeena
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.