TONMOY CHOUDHURY Vs. MRINAL KUMAR BARUAH

JUDGEMENT

(1.) The original petitioner in this proceeding retired from service on 31.08.95 on attaining the age of superannuation. When he was not paid his pensionary and other retirement benefits, he approached this Court by filling WP(C) No. 880/2000 in which, byjudgmet and order dated 30.05.2001, direction was issued to pay the same within two months from the date of receipt of the copy of the judgment by the respondents. Apart from awarding interest on the accrued amounts under different heads, it was also provided that on failure to pay the retirement benefits as ordered, same would carry interest @ 18% per annum.

(2.) The said directions are yet to be implemented. Non-responsive attitude of the respondents forced the petitioner to initiate this contempt proceeding. Unfortunately, duriing the pendency of the proceeding, he died on 18.08.2002 leaving behind his legal heirs who have steped into his shoes and are persuing this proceeding. Thus a man who retired from service way back in August, 1995 not only did not get his retirement dues during his lifetime, inspite of the aforesaid judgment and order of this Court, but even after his death, his legal heirs also are yet to receive the same. Long nine years have passed and yet the respondents are sitting over the matter on this or that plea.

(3.) The relevant facts are already available in the judgment and order dated 30.05.2001 in WP(C) No. 880/2000. The directions contained therein are as follows: