ALOK SHARMA,J. - (1.) Non compliance of the order dated 2.3.2009 in S.B. Civil Writ Petition No. 4930/2002 is alleged in this petition. Therein the Court had directed as under: "(1) The respondents shall finalize pension case of the petitioner deeming all disciplinary enquiry pending against him as closed and grant his retiral dues, gratuity ad other dues as admissible under the rules, (2) The petitioner shall be granted benefit of annual grade increments, if due any, and shall also be granted benefit of selection scale; (3) The petitioner shall produce before the respondents Form No. 10 with required photographs and bank account number, which the respondents shall forward to Regional Provident Fund Commissioner and petitioner would be at liberty to approach the Regional Provident Fund Commissioner. (4) So far as the arrears of back wages payable pursuant to award of Labour court dated 19.7.1989 if paid so far, the petitioner shall be at liberty to approach concerned authority under Section 29 of the Act within 45 days from today."
(2.) Reply to the petition has been filed. It has been submitted that in compliance with the court's order, the petitioner has been allowed the benefit of CPF final amount and the same has been given to him vide bill no. 77 dated 23.4.2003. It has also been submitted that petitioner has also been extended the benefit of leave encashment by cheque no. 036720 dated 3.7.2013. Further the petitioner's case was considered for granting selection scale, but in view of his unsatisfactory service record, suspension of 3097 days and leave without sanction for 2486 days, he was found entitled to the benefit of selection scale on completion of 9, 18 and 27 years of service. Further as directed by the Court, the petitioner has also been given the benefit of pay fixation and annual grade increments for the period 1974 to 1991 vide order dated 6.6.1991. He has also been given the benefit of annual increment for the period 1991 to 2001. Besides, he has also been given the benefit of revised pay fixation in the revised pay scale Rules, 1998 by order dated 8.5.2003.
(3.) It has also been submitted that further treating the 8 charge sheets against the petitioner as closed, as directed by this Court in its order dated 2.3.2009, on re-fixation of the petitioner he was found entitled to a sum of Rs. 97,984/-. That amount has been paid under cheque no. 001210 dated 2.8.2018 drawn on ICICI Bank, which has been handed over to the petitioner's counsel in court today (which is admitted by counsel). It has been submitted that in this view of the matter, substantial compliance with the Court's order has been made, the contempt petition be dismissed.;