DEVENDRA PRATAP SINGH,J. - (1.) HEARD learned counsel for the parties. Ajay Kumar, the deceased husband of the applicant died in harness while working as an Assistant Engineer in the Tubewell Division of the Irrigation Department at Saharanpur on 30.11.1994. Despite sincere efforts family pension, gratuity and other death-cum-retiral benefits were not paid to her and she was informed that it was due to the fact that certain entries of miscellaneous advance were entered against her husband. However, on the direction of the Chief Engineer dated 5.9.1997, the Superintending Engineer submitted a report in January, 1998 exonerating her husband from the aforesaid miscellaneous advance whereupon the applicant again approached the opposite parties through a representation dated 8.4.1999 claiming payment of the said benefits together with interest at the rate of 16 percent. Inaction on their part forced her to file Writ Petition No. 33905 of 1999 and a Division Bench of this Court vide order and judgment dated 12.8.1999 directed the opposite parties to consider her representation within two months. The period fixed expired but yet the applicant met with inaction. She was constrained to file Contempt Application No. 2239 of 2000 wherein 3rd of September, 2000 was fixed for appearance of the opposite parties only thereafter the retiral benefits were released on 1.9.2000. The Contempt Court vide order dated 21.11.2000 directed the opposite parties to take a decision with regard to payment of interest on delayed payment. The opposite parties rejected the claim vide order dated 26.12.2000 which was subjected to challenge in Writ Petition No. 5667 of 2001.
(2.) AFTER exchange of pleadings a Division Bench of this Court by the following order dated 11.8.2008 directed the opposite parties to pay 12% simple interest w.e.f. February, 1998 till 31.8.2000: "In the result, the writ petition succeeds and is allowed. A writ of mandamus is issued directing the respondents to pay 12% simple interest to the petitioner with effect from February 1998 till 31st August, 2000. The amount of interest shall be paid by the respondents to the petitioner within a period of three months from the date a certified copy of this order is produced before respondent no. 1." Despite service on the opposite parties on 1.9.2008 no action was forthcoming and it was revealed to her that that matter has been referred to the State Government whereupon she approached the State Government through her letter dated 19.2.2009, to no avail. She was again left with no other option but to file the present contempt petition. The opposite party no. 1, in pursuance of the notices received, file an affidavit of compliance together with a discharge application dated 26.8.2009 stating that after calculation, a sum of Rs. 17,322/- being the interest, was sent to the applicant through a Bank Draft dated 1.8.2009 under a covering letter of the Executive Engineer dated 3.8.2009.
(3.) THE applicant in reply to the affidavit of compliance filed her counter affidavit on the ground that the amount mentioned in the affidavit of compliance was incorrect and a sum of Rs. 96,685/- was still outstanding even after the aforesaid payment. Whereupon a second affidavit of compliance was filed admitting in paragraph 7 that a sum of Rs. 91,916.65 paisa is still outstanding in the following words: "That the remaining simple interest w.e.f. February 1998 till 31st August 2000 on family pension has been calculated to the tune of Rs. 91,916.65 paisa. A photostat copy of the calculation sheet is being filed herewith and marked as Annexure-SA-1 to this affidavit." and undertook to pay the aforesaid amount within a month in para 11 of the said affidavit in following words: "That the deponent is making all possible efforts for compliance of the order of the Hon'ble High Court, however, for payment of the aforesaid amount of interest, one month's further time is required." After hearing the parties the following order was passed on 7.10.2009: "Heard learned counsel for parties. ;