M.Y.EQBAL, J. - (1.) REFERENCE may be made to the order dated 28.7.2006 which reads as under: This is one of the instances which will show how the officers are adamant not to obey the orders of this Court. The petitioner retired as assistant teacher on 31.12.1991 after attaining 60 years of age. When she was not paid her retrial benefits, she moved this Court by filing writ petition being CWJC No. 2162/99 -R. The writ petition was disposed of with a direction to the respondents to make payment of dues including leave encashment within two months failing which the amount shall carry 12% interest. When the order and direction was not complied with, the petitioner filed the instant contempt case. On 10.4.2003 this Court directed the respondents to release the payment within three weeks since the order attained finality. The respondents filed Civil Review No. 81 of 2002 which was dismissed on 19.3.2004 by a reasoned order passed by this Court. Then the petitioner filed LPA No. 295/2004. That was also dismissed by a Division Bench of this Court. The respondents then filed another appeal; being LPA No. 490 of 2004 which was also; dismissed by a Division Bench of this Court. In spite of that, till date the dues have not been paid to the petitioner who has now become 74 - 75 years old lady. In the aforesaid premises, put up this case on 9th August, 2006. On that day, the District Superintendent of Education, Ranchi shall appear in person along with a cheque relating to en -lire dues payable to the petitioner together with 12% interest. He shall also bring a cheque of Rs. 25,000/ - by way of cost to be paid to the petitioner. If this order is not complied with, the District. Superintendent of Education shall come fully prepared to face the consequences on that day. Let a copy of this order be handed over to the Standing counsel.
(2.) A show cause has been filed by the District Superintendent of Education, Ranchi stating, inter alia. That the deponent asked the Director, Primary Education, Jharkhand, Ranchi for allotment of funds and after sanction the following amount has been made ready for payment: (i) Difference of time Rs. 33,860.00 bound promotion. (ii) Salary from 1.1.1991 Rs. 55,933.00 to 31.12.1992 (iii) Leave Encashment Rs. 9,613.00 (iv) Amount of Interest Rs. 1,66,350.00 @ 12% (v) Amount of litigation Rs. 25,000.00 expense Total: 2,93,956.00 It is further stated that a special leave petition is also pending before the Supreme Court. The D.S.E. has brought a cheque of the aforesaid amount. Let the cheque be handed over to the petitioner who is present in Court with specific direction that in the event the special leave petition is allowed by the Supreme Court, then the entire amount shall have to be refunded by the petitioner to the department. It is also ordered that if the aforesaid S.L.P. is dismissed, then the amount of cost and interest which has been paid to the petitioner, shall be recovered from the salary of the District Superintendent of Education, Ranchi for whose failure/ negligence the amount could not be paid to the petitioner.
(3.) WITH this direction this proceeding is dropped. The appearance of the officer is dispensed with. Proceeding dropped.;