- (1.) WE have heard learned counsels appearing for the parties.
(2.) THIS contempt petition has been filed for the alleged non -compliance of the order passed by a Division Bench of this Court in D.B. Civil Writ Petition No. 669/1988, dated 05.09.1988, against which a Special Leave to Appeal(Civil) No. 15605/1988, filed before the Hon'ble Supreme Court, was dismissed on 16.12.1988. The Rajasthan Financial Corporation Officers Association, had filed D.B. Civil Writ Petition No. 669/1988, against the orders, by which the ex -gratia payment to the employees of the Corporation @ 20%, was sought to be withdrawn. The Division Bench found that ex -gratia is an integral part of pay and emoluments, inasmuch as in the advertisement issued for recruitment, it was clearly mentioned that the employees of the Corporation will be paid 20%, as ex -gratia, of the emoluments per annum. The Division Bench was of the view that the directions given by the State Government regarding payment of ex -gratia, were not within the jurisdiction of the Government, and set aside the orders dated 22.07.1987 and 10.12.1987, with further directions that payment should be made to the employees, which they were getting since 1973 and onwards. The Corporation was required to comply with the order within three months.
(3.) IT is submitted that ex -gratia was paid to the members of the applicant -Association upto 2011, after which it has been stopped, and thus, the respondents have, despite knowledge of the judgment of this Court, against which the Special Leave Petition was dismissed, committed deliberate and intentional contempt of the Courts, punishable under the Contempt of Courts Act, 1971.;