- (1.) Heard learned Counsel for the parties. The following order was passed on 29.1.2010: The following order was passed on 15.12.2009: Heard learned Counsel for the parties. The applicant retired as Additional Cane Commissioner on 31.1.1998 but his retiral dues were not paid and he was confronted with a charge sheet dated 29.6.2000 issued to him under covering letter dated 1.8.2000 which was subjected to challenge in Writ Petition No. 43883 of 2000. A Division Bench of this Court, after hearing the parties, quashed the charge sheet and all consequent proceedings vide order and judgment dated 18.12.2006. Yet the retiral dues etc. were not paid to the applicant even though there was a positive direction that pensionary and post retiral dues should be finalize without further delay. Alleging violation of the directions, the present contempt petition was filed and upon notice affidavits have been exchanged. In the compliance affidavit filed on behalf of opposite party No. 1, it is stated that a sum of Rs. 29,57,834.85 paisa towards dues has been paid and pension, gratuity etc. have also been revised. In reply thereto, the applicant has filed his rejoinder affidavit stating therein that still a sum of Rs. 36,579/- with regard to arrears of pension and the interest of Rs. 1,10,563/- have yet not been paid. It is further stated that still there is a difference of Rs. 2,49,278/-. However, learned Counsel for the opposite party contends that there is some calculation mistake. Let the aforesaid be clarified by the next date and if any amount is found due, it should be paid before it or else the Court may proceed further. List on 13.1.2010 for further orders. In pursuance thereof, a further compliance affidavit has been filed stating that the admissible interest on the delayed payment amounting to Rs. 40,506/- has been paid to the applicant vide cheque dated 2.1.2010. It is also stated that certain calculation mistakes have been corrected and a fresh order has been issued. So far as the pension amount is concerned, it is stated that there is no Government order for payment of interest on pension, therefore, the same has not been paid. As the facts disclose, disciplinary proceedings were initiated more than two years after the applicant had retired which was wholly illegal, but, it took about six years to get the said order quashed on 18.12.2006 when a Division Bench after quashing it directed that the entire dues, both pensionary and retiral, should be finalised and paid without any delay. Yet the payments were not made forcing the applicant to file the present contempt petition and only after notices were issued that the amounts were paid. There is no valid explanation cited by the opposite party explaining the delay. In the opinion of the Court, the applicant is entitled to interest even on the delayed payment of pension at the same rate on which the interest has been calculated with regard to other post retiral dues before the next date and submit a chart to that effect. List on 19.2.2010.
(2.) In pursuance thereof, an affidavit of Cane Commissioner has been filed stating that the interest on delayed payment of pension was calculated in accordance with the aforesaid order and a sum of Rs. 62,432/- has been paid to the applicant vide treasury cheque dated 11.2.2010.
(3.) However, learned Counsel for the applicant stated that certain other amounts are still outstanding including the interest on delayed payment of provisional pension. In the opinion of the Court, this is a disputed question which cannot be adjudicated in contempt proceedings. It is apparent that the writ order has substantially been complied and if the applicant is confident that other amounts are due, it would be open for him to approach the appropriate forum. Accordingly, notices are discharged. Contempt petition is rejected and consigned to record.;