ANIRUDDHA BOSE, J. - (1.) The writ petition out of which this proceeding arises was instituted by the petitioner seeking appropriate order on his employer, the Contai Municipality for release of gratuity and arrear pension along with interest. The petitioner superannuated from his service on 1st March, 2007. His pension payment order was issued on 16th April 2008 and a revised pension payment order was issued on 9th March, 2010. The writ petition was filed on 12th April, 2011 with complaint of the petitioner that his gratuity and arrear pension had remained unpaid. By an order passed on 5th May, 2011 this Court had directed release of such dues in stages, while disposing of the writ petition. The operative part of that order reads:- "Let the municipality make payment of gratuity within a period of 16 weeks from the date of communication of this order. The said sum shall be paid along with interest to be calculated at the rate of 10% per annum. Interest shall be computed from the date of superannuation of the writ petitioner till the date of actual disbursal. As regards arrear pension dues, the respondents shall compute such dues upon giving an opportunity of hearing to the petitioner and such computation shall also be made within a period of 16 weeks. Thereafter if any amount is found due under the head of arrear pension, the same shall be released within a period of two weeks thereafter and shall carry interest at the rate of 10% per annum from the date of finalization of computation till the date of disbursal."
(2.) This order was passed without calling for any affidavit as the municipality presented practically no defence so far as their obligation to clear the dues go. The pension payment order itself had been issued on 16th April, 2008 in favour of the petitioner, followed by the revised pension payment order in 2010. The order of the Court passed on 5th May 2011 had remained unimplemented till a petition alleging contempt of Court was instituted. This petition was registered as C.P.A.N. 124 of 2012. No Rule was issued in the contempt petition, and the same was disposed of by me on 8th March, 2013. In the order by which the contempt petition was disposed of, certain modifications in the directions contained in the order of 5th May 2011 were made as regards the manner in which payment was to be made. In the order passed on 8th March, 2013, I had, inter alia, observed and directed:- "Learned Counsel appearing for the alleged contemnor submits that due to paucity of fund the said sum could be released, but on instruction he submitted that his client would release the dues within a week from the date of communication of this order. Prayer however was made for modification of the direction pertaining to payment of interest on the dues, which was directed to be paid from the date of superannuation. The modification prayed for is that such payment of interest ought to be directed to be paid from the date of issue of pension payment order. In a contempt action, directions contained in a judgment, the violation of which is complained against ought to be modified at the instance of the alleged contemnor. The respondents to the writ petition have neither preferred any appeal nor applied for review of the judgment. Considering, however, the submission of the alleged contemnor that payment could be made as directed by this Court on the ground of paucity of funds, I direct payment of the dues, along with interest to be computed from the date of pension payment order, to be made within seven days from the date of communication of the order. The remaining amount as per direction of this Court shall also be calculated and shall be released in eleven equated monthly instalments."
(3.) The petitioner has taken out this petition for reviewing order passed on 8th March, 2013. The main ground for review is that in a contempt petition an order passed in the main writ petition cannot be modified. In support of the review petition, the petitioner has also filed a further affidavit affirmed on 2nd March, 2015. By this affidavit, petitioner seeks to bring on record the amount received by him and his entitlement under the regular service conditions. In this affidavit, it has been, inter alia, stated:- "The authority concerned issued P.P.O. on 16.4.2008, 12.3.2010 and further issued revised order dated 7.5.2008 and 10.4.2010. That I am entitled to get gratuity amounting to Rs. 1,44,450/- and the authority concerned issued a check on 4.12.2014 amounting to Rs. 2,24,255/-, I am entitled to get interest since 1.3.2007 to 30.11.2014 amounting to Rs. 1,11,972/-. I am entitled to get arrear pension amounting to Rs. 30,374/- and entitled to get interest amounting to Rs. 23,529/-. I am entitled to get revision pension under ROPA 2009 since 1.4.2008 to 31.3.2009 amounting to Rs. 10,378/- and entitled to get interest amounting to Rs. 5,762/-. I am entitled to get gratuity + arrear pension + arrear pension under ROPA 2009 =Rs.1,44,450/- + Rs. 30,374/- + Rs. 10,378/- = Rs. 1,85,202/- and interest = Rs. 1,11,972 + Rs. 23,529/- + Rs. 5,762 = Rs. 1,41,263/- total amounting to Rs. 3,26,465/-, but the respondent only paid Rs. 2,24,255/-. The rest amount I am entitled to get Rs. 3,26,465/- Rs. 2,24,255/- = Rs. 1,02,210/- which is lying dues till then.";