High Court

2. Sri Annavi Dinesh Kumar, respondent no. 2 and Sri Vijai Pal Singh, respondent no. 3 are present before this Court and have filed their applications for deferment of the contempt proceedings along with affidavits which are taken on record.

3. Learned Standing counsel on behalf of State- respondents has submitted that a stay vacation application has been filed on 30.1.2025 for vacation of interim order dated 11.7.2024 and another stay vacation application dated 4.3.2025 has been filed for vacation of the modified interim order dated 15.1.2025, therefore, the present contempt proceedings may be deferred for some time and an opportunity may be given to the respondents to press the stay vacation applications which are pending in the writ petition.

4. Learned Standing counsel has further submitted that the payment was made by determining the same at the grade pay of Rs. 5400/- as this Court by its interim order dated 11.7.2024 had not directed for payment by calculating the same in the grade pay of Rs. 7600/-.

5. On the other hand, learned counsel for the applicant has submitted that the respondents had wilfully and intentionally disobeyed the interim order dated 11.7.2024 and modified interim order dated 15.1.2025, though the said interim orders have yet not been vacated till date. It is further submitted that the interim order dated 11.7.2024 is very clear and there is no ambiguity but in compelling circumstances, the modification application was filed and the order has been modified by the writ court.

6. After hearing the learned counsel for the parties and going through the record, it is found that there is no ambiguity in the interim order dated 11.7.2024. The relevant extract of the interim order dated 11.7.2024 is quoted hereinbelow: "6. Let detailed counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

7. List this case in the week commencing 20th August, 2024 alongwith Writ-A No.9788 of 2023.

8. Until further orders of this Court, operation, implementation and execution of impugned recovery notice/letter dated 08.04.2024 issued by opposite party No. 4 as well as letter dated 15.01.2024 issued by opposite party No.3 alongwith re-fixation chart pursuant to the order dated 12.01.2024 passed by opposite party No.2, contained in Annexures No.1 & 2 to the writ petition, shall remain stayed.

9. By the next date of listing, the petitioner shall be paid those post retiral dues, which have not been paid to her till date, and she may be paid the amount of gratuity obtaining undertaking from the petitioner that such payment of gratuity shall remain subject to the final outcome of this writ petition but that amount may not be withheld by the opposite parties."

7. A perusal of the interim order dated 11.7.2024 wherein the writ court had granted four weeks time for filing counter affidavit and ordered for listing of the case in the week commencing 20.8.2024 but the respondents had chosen neither to file any counter affidavit nor stay vacation application and made the payment, after expiry of the aforesaid period, i.e. leave encashment on 29.5.2024 erroneously determining the same in the grade pay of Rs. 5400/- in place of grade pay of Rs. 7600/- which the applicant was getting prior to the passing of the impugned orders dated 12.1.2024, 15.1.2024 and the recovery notice dated 8.4.2024. Similarly as the payment of leave encashment was made by the respondents in the grade pay of Rs. 5400/- in place of grade pay of Rs. 7600/-, they determined the final pension on 24.9.2024 in the grade pay of Rs. 5400/- in place of Rs. 7600/-.

8. The interim order dated 11.7.2024 is very clear and as per the law settled that after staying the operation of the impugned orders, the position, which was existing prior to the passing of the interim order, will restore and it is an undisputed case between the parties prior to the passing of the impugned orders, the salary was paid to the applicant in the grade pay of Rs. 7600/-. Secondly, if the Writ Court had any intention for payment to be made as per the impugned orders then the Writ Court could not have asked the applicant to give an undertaking at the time of payment of the post retiral dues/gratuity. This condition could only be imposed when the amount claimed by the applicant is being paid.

9. Further when no payment was made to the applicant in compliance of the interim order, the present contempt application has been filed on 29.8.2024 in which on 4.9.2024 notices were issued which were served upon the respondents in September, 2024 but no stay vacation application was preferred and they made payment as per the determination made by the impugned orders which have been stayed by the Writ Court and by that time no stay vacation application was moved.

10. When the payment was made as per the determination made by the impugned orders, the applicant has no other option except to move a modification/clarification application before the Writ Court and the order has been modified/clarified by interim order dated 15.1.2025.

11. During the pendency of the present contempt application, the following orders were passed on 13.12.2024 and 20.1.2025: "Learned counsel for the applicant has submitted that after filing compliance affidavit which is also not correct the pension given to the applicant has been stopped since the year 2024. Learned Standing Counsel prays for and is granted two weeks' time for filing affidavit bringing on record the reason for non payment of pension and why it has been paid by making determination on the basis of the re-fixation chart/order, which has been stayed by this Court. List this case in the week commencing 20.01.2025 amongst top ten cases." . "1. In pursuance of order dated 13.12.2024, passed by this Court, affidavit of compliance filed today by learned Standing Counsel is taken on record.

2. Learned counsel for the applicant states that order dated 11.7.2024 passed by the Writ Court has been modified by order dated 15.1.2025.

3. Let the order dated 15.1.2025 modifying the order dated 11.7.2024 be brought on record by learned counsel for the applicant after serving copy of the same to learned counsel for the opposite parties.

4. List this matter in the week commencing 10.2.2025."

12. After passing of above mentioned orders, the respondents have chosen to move a stay vacation application for the first time on 30.1.2025 for vacation of the interim order dated 11.1.2025 i.e. after about expiry of five months from the date by which time they had to file the counter affidavit in the writ petition.

13. Against the modified order dated 15.1.2025, of which, the respondents have knowledge as the same has been referred in the order dated 20.1.2025 passed in the present case, the respondents have chosen to move a stay vacation application on 4.3.2025 i.e. one day prior to the listing of the present contempt application.

14. At this stage, Sri Annavi Dinesh Kumar, respondent no. 2 and Sri Vijai Pal Singh, respondent no. 3 have submitted that one month time may be granted for filing the compliance affidavit, in case, no favourable order will be passed in the stay vacation applications filed on 30.1.2025 and 4.3.2025.

15. Learned counsel for the applicant has submitted that if the respondent nos. 2 and 3 are making statements before this Court that in case, no favourable orders are passed in the pending stay vacation applications, the order will be complied with within a month then he has no objection for deferment of the present contempt proceedings.

16. In view of the facts and circumstances as discussed above, the Deferment Applications No. Nil of 2025 are allowed and the present contempt application is deferred in view of the statements given by the respondents as mentioned above for a period of one month.

17. List this case in the week commencing 7.4.2025.

18. It is made clear that in case, the compliance affidavit is not filed, the respondents shall appear before this Court on the next date fixed. Order Date :- 5.3.2025 AKK

2. Sri Annavi Dinesh Kumar, respondent no. 2 and Sri Vijai Pal Singh, respondent no. 3 are present before this Court and have filed their applications for deferment of the contempt proceedings along with affidavits which are taken on record.

3. Learned Standing counsel on behalf of State- respondents has submitted that a stay vacation application has been filed on 30.1.2025 for vacation of interim order dated 11.7.2024 and another stay vacation application dated 4.3.2025 has been filed for vacation of the modified interim order dated 15.1.2025, therefore, the present contempt proceedings may be deferred for some time and an opportunity may be given to the respondents to press the stay vacation applications which are pending in the writ petition.

4. Learned Standing counsel has further submitted that the payment was made by determining the same at the grade pay of Rs. 5400/- as this Court by its interim order dated 11.7.2024 had not directed for payment by calculating the same in the grade pay of Rs. 7600/-.

5. On the other hand, learned counsel for the applicant has submitted that the respondents had wilfully and intentionally disobeyed the interim order dated 11.7.2024 and modified interim order dated 15.1.2025, though the said interim orders have yet not been vacated till date. It is further submitted that the interim order dated 11.7.2024 is very clear and there is no ambiguity but in compelling circumstances, the modification application was filed and the order has been modified by the writ court.

6. After hearing the learned counsel for the parties and going through the record, it is found that there is no ambiguity in the interim order dated 11.7.2024. The relevant extract of the interim order dated 11.7.2024 is quoted hereinbelow: "6. Let detailed counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

7. List this case in the week commencing 20th August, 2024 alongwith Writ-A No.9788 of 2023.

8. Until further orders of this Court, operation, implementation and execution of impugned recovery notice/letter dated 08.04.2024 issued by opposite party No. 4 as well as letter dated 15.01.2024 issued by opposite party No.3 alongwith re-fixation chart pursuant to the order dated 12.01.2024 passed by opposite party No.2, contained in Annexures No.1 & 2 to the writ petition, shall remain stayed.

9. By the next date of listing, the petitioner shall be paid those post retiral dues, which have not been paid to her till date, and she may be paid the amount of gratuity obtaining undertaking from the petitioner that such payment of gratuity shall remain subject to the final outcome of this writ petition but that amount may not be withheld by the opposite parties."

7. A perusal of the interim order dated 11.7.2024 wherein the writ court had granted four weeks time for filing counter affidavit and ordered for listing of the case in the week commencing 20.8.2024 but the respondents had chosen neither to file any counter affidavit nor stay vacation application and made the payment, after expiry of the aforesaid period, i.e. leave encashment on 29.5.2024 erroneously determining the same in the grade pay of Rs. 5400/- in place of grade pay of Rs. 7600/- which the applicant was getting prior to the passing of the impugned orders dated 12.1.2024, 15.1.2024 and the recovery notice dated 8.4.2024. Similarly as the payment of leave encashment was made by the respondents in the grade pay of Rs. 5400/- in place of grade pay of Rs. 7600/-, they determined the final pension on 24.9.2024 in the grade pay of Rs. 5400/- in place of Rs. 7600/-.

8. The interim order dated 11.7.2024 is very clear and as per the law settled that after staying the operation of the impugned orders, the position, which was existing prior to the passing of the interim order, will restore and it is an undisputed case between the parties prior to the passing of the impugned orders, the salary was paid to the applicant in the grade pay of Rs. 7600/-. Secondly, if the Writ Court had any intention for payment to be made as per the impugned orders then the Writ Court could not have asked the applicant to give an undertaking at the time of payment of the post retiral dues/gratuity. This condition could only be imposed when the amount claimed by the applicant is being paid.

9. Further when no payment was made to the applicant in compliance of the interim order, the present contempt application has been filed on 29.8.2024 in which on 4.9.2024 notices were issued which were served upon the respondents in September, 2024 but no stay vacation application was preferred and they made payment as per the determination made by the impugned orders which have been stayed by the Writ Court and by that time no stay vacation application was moved.

10. When the payment was made as per the determination made by the impugned orders, the applicant has no other option except to move a modification/clarification application before the Writ Court and the order has been modified/clarified by interim order dated 15.1.2025.

11. During the pendency of the present contempt application, the following orders were passed on 13.12.2024 and 20.1.2025: "Learned counsel for the applicant has submitted that after filing compliance affidavit which is also not correct the pension given to the applicant has been stopped since the year 2024. Learned Standing Counsel prays for and is granted two weeks' time for filing affidavit bringing on record the reason for non payment of pension and why it has been paid by making determination on the basis of the re-fixation chart/order, which has been stayed by this Court. List this case in the week commencing 20.01.2025 amongst top ten cases." . "1. In pursuance of order dated 13.12.2024, passed by this Court, affidavit of compliance filed today by learned Standing Counsel is taken on record.

2. Learned counsel for the applicant states that order dated 11.7.2024 passed by the Writ Court has been modified by order dated 15.1.2025.

3. Let the order dated 15.1.2025 modifying the order dated 11.7.2024 be brought on record by learned counsel for the applicant after serving copy of the same to learned counsel for the opposite parties.

4. List this matter in the week commencing 10.2.2025."

12. After passing of above mentioned orders, the respondents have chosen to move a stay vacation application for the first time on 30.1.2025 for vacation of the interim order dated 11.1.2025 i.e. after about expiry of five months from the date by which time they had to file the counter affidavit in the writ petition.

13. Against the modified order dated 15.1.2025, of which, the respondents have knowledge as the same has been referred in the order dated 20.1.2025 passed in the present case, the respondents have chosen to move a stay vacation application on 4.3.2025 i.e. one day prior to the listing of the present contempt application.

14. At this stage, Sri Annavi Dinesh Kumar, respondent no. 2 and Sri Vijai Pal Singh, respondent no. 3 have submitted that one month time may be granted for filing the compliance affidavit, in case, no favourable order will be passed in the stay vacation applications filed on 30.1.2025 and 4.3.2025.

15. Learned counsel for the applicant has submitted that if the respondent nos. 2 and 3 are making statements before this Court that in case, no favourable orders are passed in the pending stay vacation applications, the order will be complied with within a month then he has no objection for deferment of the present contempt proceedings.

16. In view of the facts and circumstances as discussed above, the Deferment Applications No. Nil of 2025 are allowed and the present contempt application is deferred in view of the statements given by the respondents as mentioned above for a period of one month.

17. List this case in the week commencing 7.4.2025.

18. It is made clear that in case, the compliance affidavit is not filed, the respondents shall appear before this Court on the next date fixed. Order Date :- 5.3.2025 AKK