HEMANT GUPTA, J. - (1.) THE petitioner invoked the jurisdiction of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the Tribunal) constituted under the Administrative Tribunal Act, 1985, by filing Original Application No. 727/CII/1992.
(2.) THE petitioner felt aggrieved by the order of the Tribunal to the extent it held the petitioner to be ineligible for the grant of senior scale. The petitioner filed a Civil Writ Petition before this Court challenging the order dated 6.2.2001 passed by the learned Tribunal to such extent and sought directions to the respondents to fix his pay in the senior scale equal to his junior w.e.f. March, 1983 with all consequential benefits. The said Writ Petition was allowed by this Court and the observation made in the order dated 6.2.2001 with regard to non-grant of proforma promotion and the selection grade to the petitioner, was quashed. A direction was granted by this Court to the respondents to release proforma promotion, if not already released, to the petitioner together with all consequential benefits and selection grade from the date the same were given to the persons junior to the petitioner. The petitioner has invoked the contempt jurisdiction of this Court alleging therein that the directions given by this Court have not been complied with. In reply, it has been stated that the petitioner has been promoted and has been given revised pension and arrears. However, the petitioner disputes such assertion of the respondents and asserts that in fact, more amount is due and payable and that no amount whosoever has been paid towards arrears of pay.
(3.) AT the outset, one question which arises is whether this Court should exercise its contempt jurisdiction in the facts and circumstances of the case, particularly when the learned Tribunal has the jurisdiction to initiate contempt proceedings under Section 17 of the Administrative Tribunal Act, 1985 (hereinafter referred to as 'the Act').;