Santokh Singh Vs. Shri D.S.Bains and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1058131
CourtPunjab and Haryana High Court
Decided OnDec-06-2012
AppellantSantokh Singh
RespondentShri D.S.Bains and Others
Excerpt:
in the high court of punjab and haryana at chandigarh c.o.c.p.no.2802 of 2012 date of decision :6. 12.2012 santokh singh ....petitioner versus shri d.s.bains and others ...respondents coram : hon'ble mr.justice mahesh grover ...present: mr.i.d.singla, advocate for the petitioner. mr.hari pal verma, addl.a.g., punjab for respondents no.1 and 2. mr.i.s.sidhu, advocate for respondent no.3....mahesh grover, j. the order of this court, non-compliance of which has been alleged by the petitioner, required the respondents to grant the benefit of acp scheme, and since the petitioner had retired from service, all retiral benefits were required to be re-fixed after the grant of benefit of the said scheme within a period of four months from the receipt of a certified copy of the order. the needful not having been done the instant contempt petition has been filed wherein after some dithering the respondents have not passed an order granting the benefit of acp scheme to the petitioner and paying the arrears to him. learned counsel for the petitioner contends that benefit of acp scheme and consequential arrears even though have been given, yet the retiral dues have not been calculated and paid. c.o.c.p.no.2802 of 2012 -2- having regard to the aforesaid, when the substantial portion of the order stands complied with and the remaining portion regarding grant of pension after re-fixation is to be paid by the respondents, which exercise may require some time, i deem it appropriate to discharge the rule against the respondents at this stage, however, subject to the condition that the entire exercise of re-fixation of the pension and other retiral benefits accruing to the petitioner, if any, shall be paid to him positively within a period of two months from today, failing which the petitioner shall be at liberty to revive the contempt petition. petition stands disposed of. 6.12.2012 (mahesh grover) judge dss
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P.No.2802 of 2012 Date of decision :

6. 12.2012 Santokh Singh ....Petitioner Versus Shri D.S.Bains and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER ...Present: Mr.I.D.Singla, Advocate for the petitioner.

Mr.Hari Pal Verma, Addl.A.G., Punjab for respondents No.1 and 2.

Mr.I.S.Sidhu, Advocate for respondent No.3....MAHESH GROVER, J.

The order of this Court, non-compliance of which has been alleged by the petitioner, required the respondents to grant the benefit of ACP Scheme, and since the petitioner had retired from service, all retiral benefits were required to be re-fixed after the grant of benefit of the said Scheme within a period of four months from the receipt of a certified copy of the order.

The needful not having been done the instant contempt petition has been filed wherein after some dithering the respondents have not passed an order granting the benefit of ACP Scheme to the petitioner and paying the arrears to him.

Learned counsel for the petitioner contends that benefit of ACP Scheme and consequential arrears even though have been given, yet the retiral dues have not been calculated and paid.

C.O.C.P.No.2802 of 2012 -2- Having regard to the aforesaid, when the substantial portion of the order stands complied with and the remaining portion regarding grant of pension after re-fixation is to be paid by the respondents, which exercise may require some time, I deem it appropriate to discharge the rule against the respondents at this stage, however, subject to the condition that the entire exercise of re-fixation of the pension and other retiral benefits accruing to the petitioner, if any, shall be paid to him positively within a period of two months from today, failing which the petitioner shall be at liberty to revive the contempt petition.

Petition stands disposed of.

6.12.2012 (MAHESH GROVER) JUDGE dss