ALOK SHARMA,J. - (1.) Contempt of the order dated 26-7-2002 in SBCWP No. 6223/1997 has been alleged in this petition, thereunder 18 petitions, including that of the petitioner, were decided with petition No. 1974/1992, Mohan Lal Sharma v. State of Rajasthan , which was the lead case. The respondents were directed to accord due pensionary benefits to the petitioners after adjusting the contribution of Provident Fund paid to them from the arrears of pension computed consequent to the court's order dated 26-7-2002.
(2.) The petitioner states to have made several representations for compliance with the order dated 26-7-2002, but to no avail. He then sent a notice to the respondents through his counsel on 10-4-2009, and yet no response emanating thereto, this contempt petition has been filed.
(3.) The respondents have filed a reply of denial of alleged contempt. Their case is that though DB Civil Special Appeal No. 884/2002 against the order dated 26-7-2002 in the case of the petitioner was first dismissed in default on 14-2-2008, it was subsequently restored vide order dated 13-1-2011 and disposed of referring to an order in a similar DBC Special Appeal (Writ) No. 961/2002 decided on 22-10-2009 as under:- "This court had occasion to deal with the case of similar special appeals, which came to be considerd subsequently after the decision dated 22-10-2009 and taking note of the above facts this court disposed of the appeals on 29-9-2010 by the following order: These appeals are disposed of in terms of the following consent order: The other similar matters have been dismissed by the order of this court in DB Civil Special Apeal (Writ) No. 961/2002 dated 22-10-2009. The Special Leave to Appeal No. CC- 10660/2010 against the aforesaid judgment is pending in the Supreme Court. In case, the judgment of this court is affirmed by the Apex Court, the judgment of this court will prevail. In case, the judgment in similar matter is set aside, obviously the judgment of the Apex Court will prevail in these matters also.";