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2014 DIGILAW 558 (MP)

Dinesh Kumar Sharma v. S. K. Mishra

2014-05-07

B.D.RATHI, S.K.GANGELE

body2014
Judgment Heard. This Contempt Petition has been filed for non-compliance of the order dated 27-11-2012 passed in W.A. No. 345/2012. 2. The Court passed following order in the Writ Appeal:- “In this view of the matter, this writ appeal is allowed and the order dated 08thMay, 2012 passed by the learned Single Judge of this Court in WP 3110/2011 (s) is hereby quashed and consequently the order dated 06thApril, 2011 impugned by the appellant before the Writ Court as Annexure P/1 is also quashed and it is held that the appellant is eligible to continue in service upto the age of 62 years.” 3. As per reply submitted by the respondents the petitioner was taken back in service and he had work upto the age of 62 years i.e. 30-04-2013. Thereafter all the dues to the petitioner have been paid. The relevant pleadings are as under:- “That, in compliance of direction issued by this Hon'ble Court, answering respondent No.4 has passed a speaking order dated 08-01-2014 towards the payment of 4 months 27 days salary on the daily basis Rs. 30,827/- to the petitioner because petitioner has made his presence in the department on 05-12-2012 and after completion of 62 years of age i.e. 30-04-2013, he has been retired. It is pertinent note that, petitioner himself given an understanding to that effect that, compliance of court's order has been made and he has received all the benefits of retirement upto 62 year of the age, i.e. 30-04-2013. Copies of order dated 08-01-2014 and understanding given by petitioner are annexed herewith and marked as Annexure C/1 collectively.” 4. The petitioner himself given an undertaking before the authority that he has received all the dues and gratuity shall be paid to him within certain time. 5. In this view of the matter, in our opinion, the order passed by the Court has been complied with. Contempt petition has become infructuous. It is disposed of accordingly. No order as to costs.