Tarun Agarwala, J. - (1.) This Court finally allowed the writ petition No. 21103 of 1999 by a judgment dated 26.3.2004 quashing the impugned order dated 28.6.95 and holding that the petitioner would be deemed to be in service till 30.6.97 and would be entitled to all consequential benefits including salary and retirement benefits. The respondents were further directed to pay the entire arrears of salary within 8 weeks from the date of the submission of a certified copy of the order. The respondents were also directed to pay the retirement benefits treating the applicant to be in service till 30.6.1997.
(2.) The judgement of this Court was not complied by the opposite party and accordingly the present contempt application was filed on 28.7.2004. Notices were issued to the opposite party No. 1 on 29.7.2004 and one more opportunity was granted to the opposite party to comply with the order of the Court. On 17.9.2004, the opposite party No. 1 filed a counter affidavit indicating that the opposite party has sought instructions from the higher authorities for the compliance of the order and prayed that the hearing of the contempt petition be adjourned for two months to enable the opposite party to take a decision and comply with the orders of the Court.
(3.) During the pendency of the contempt application, it transpires that the opposite party No. 1 was transferred and an impleadment application was filed to implead the opposite party No. 2, who was subsequently impleaded by an order dated 21.7.2005. The opposite party No. 2 has also filed a counter affidavit indicating that the State Government by a letter dated 18.3.2005 granted permission to file a Special Appeal, pursuant to which a Special Appeal No. 289 of 2005 was filed and, therefore has prayed that the contempt proceedings be deferred till the disposal of the Special Appeal.;