SANGEET LODHA, J. - (1.) THIS writ petition is directed against an order dated 26.9.08 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur On short 'the tribunal' hereinafter) in contempt Petition No. 17/08, whereby contempt proceedings have been initiated against the contemnor, appellant No. 1 herein for alleged disobedience of order dated 12.8.2000 passed by the learned tribunal in O.A No. 72/99.
(2.) BY the said order, the learned tribunal while giving liberty to the contemnor to comply with the orders of the tribunal within a period of two months and dispensing with his personal presence during the said period, has further ordered that if the order is not complied with within the stipulated period, the contemnor shall remain present in person and further proceedings shall be initiated against him. The brief facts in nutshell are that the respondent No. 1, an employee of the petitioner Kendriya Sangathan retired from the service. Prior to joining the services of the petitioner, the respondent No. 1 had rendered services as teacher from 19.11.70 to 4.8.78 in the Department of Education Government of Rajasthan. However, while computing the pension and other retiral benefits, his past service rendered with the State Government was not counted by the petitioners on the ground that he had not given any option for counting of past service within the stipulated time i.e. upto 31.12.90. The claim of the respondent No. 1 was for counting the past service as aforesaid was rejected by the competent authority vide order dated 10.7.98. In these circumstances, the validity of the said order was assailed by the respondent No. 1 by way of an original application No. 72/99 before the learned tribunal. During the pendency of the original application, the authority concerned passed an order dated 16.5.2000 holding that past services rendered by the respondent No. 1 can be counted in Kendriya Vidhyala Sangathan only when the Government of Rajasthan makes payment of pro rata pensionary benefits. However, after due consideration, the original application preferred by the respondent No. 1 was allowed b the learned tribunal vide order dated 12.9.2000 holding that whether the State Government agrees to pay pro rata pensionary benefits or not, the respondent No. 1 cannot be deprived of the benefit of his past service rendered to pursue the matter with the State Government for payment of pro rata pensionary benefits. Accordingly, the learned tribunal directed the petitioners to count the past service from 19.11.70 to 4.8.78 rendered by the respondent No. 1 in the Government of Rajasthan, as qualifying service for the purpose of pensionary benefits.
(3.) A writ petition No. 2491/01 preferred by the petitioners before this Court assailing the validity and correctness of the order dated 12.9.2000 passed by the learned tribunal was dismissed by a Bench of this count. Thereafter, the special leave petition No. 2084/04 preferred by the petitioners assailing the validity of the order passed by this Court was also dismissed by the Hon'ble Supreme Court vide order dated 22.11.07. Suffice it to say that the order dated 12.9.2000 passed by the learned tribunal has attained finality.;