IN THE HIGH COURT
OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH AT
JAIPUR
S.B. CIVIL
CONTEMPT PETITION NO. 760/2010
22-1-2014
Hon’ble Mr.
Justice R.S. Chauhan
By judgment dated 12-1-2010, this court had passed the
following order:-
“In light of the discussion made above, both the writ
petitions are allowed. The respondent
Corporation is directed to take a decision for implementation of the resolution
dated 24-11-2001 passed by the Board.
The respondent Corporation cannot provide different criteria for grant
of dearness allowance to the existing pensioners based on cut off date i.e.
31-7-1997. The benefit arising out of
the directions above would, however, be considered by the respondent
Corporation so that every retired employee may get the same benefit. Costs made
easy.”
The grievance of the petitioner is that despite the fact
that four years have passed by, the respondent Corporation is yet to take a decision
with regard to the implementation of the Resolution dated 24-11-2001. However,
the Resolution dated 24-11-2001 has not been submitted before this Court.
Since the case had travelled from this Court to the Hon’ble
Supreme Court, there were certain directions given by the Hon’ble Supreme Court
in the SLPs filed by the Corporation.
One of the directions given by the Hon’ble Supreme Court is that the
Corporation shall deposit the pensioner benefit amount, which is due to the
petitioner. The Corporation claims that
in compliance of the said direction, it has been depositing money with the
Registry of this Court. However, it is
unclear as to how much of the amount has been deposited, and the basis on which
the said amount is being deposited i.e. whether it is being deposited in
consonance with the Resolution dated 24-11-2001 or it is being deposited in
contravention thereof.
Before this Court can adjudicate upon the issue whether a
contempt being committed by the respondent-contemnors or not, it is essential
to have the Resolution dated 24-11-2001 and to know the basis on which the
amount is being deposited by the contemnors before this Court.
Therefore, Mr. R.N. Mathur, the learned Senior Counsel
representing the Life Insurance Corporation, is directed to submit a copy of
the Resolution dated 24-11-2001, and to file an affidavit clearly mentioning
the amount which has been deposited in the Registry of this Court, and to
emphatically state whether the amount is being deposited in consonance with, or
contrary to the Resolution dated 24-11-2001.
Moreover, he is directed to submit any decision that the L.I.C. may have
taken for implementation of the Resolution dated 24-11-2001. The
said exercise shall be carried out on or before 1-2-2014. A copy of the affidavit shall be given to the
learned counsel for petitioner.
An application has been filed for waiving the
cost imposed by this Court by order dated 16-1-2014. The learned counsel for petitioner informs
this Court that he has no objection if the cost were to be waived. Therefore,
the cost is hereby waived. The
application stands disposed of.
List this case on 6-2-2014.
Sd/- (R.S.Chauhan) J.
(Full order. Certain title portions omitted.)