- (1.) BEFORE learned counsel for the petitioner argues, in detail, that under several headings retirement benefits have not been paid, it is fairly submitted by the learned counsel for the opposite parties that now a detailed order has been passed on 9th September, 2009 by the Engineer -in -Chief, Road Construction Department, Government of Jharkhand, Ranchi whereby, the following amounts have been paid. SI No. Particulars Amount (In Rs.) Date of Payment 1. Group Insurance 61,663/ - 13.2.2007 2. Leave Encashment (on benefit of ACP) 1,14,088/ -19,368/ - 11.1.2007 8.9.2009 3. Gratuity (Provisional) 2,34,306/ - 11.1.2007 4. Arrears of Salary (29.7.2000 to 14.11.2000) 42,611/ - December, 2006 5. Salary (Nov. 2 and Dec. 2) 30,738/ - December, 2006 6. GPF (Up -to -date Interest) 20,728/ -809/ - 6.9.2008 20.7.2009 7. Arrears of ACP 2,12,732/ -52,760/ - 9.9.2009 4.9.2009 8. Interest of ACP 9,431/ - 9.9.2009 9. Provisional Pension @ 5,012/ - month up to August, 2009
(2.) IN view of the aforesaid payments, as stated in the show cause, filed by the opposite party no. 3, though there is belated order passed by the aforesaid officer, but, there is compliance of the impugned order passed by this Court and there is no willful disobedience of the impugned order now and, therefore, I see no reason to initiate any action under the Contempt of Courts Act. Nonetheless, learned counsel for the petitioner submitted that looking to the impugned order passed by this Court that upon delayed payment, over and above statutory interest @ 10% interest per annum shall be awarded, the petitioner may be given lib - erty to calculate, after taking help of a proper person, whether the interest calculated by the opposite parties is in consonance of the order passed by this Court or not? Liberty may be given to the petitioner to demand such an interest from the opposite parties, if not given. The aforesaid payment is accepted by the petitioner under protest. In view of these submissions, I hereby, dispose of this contempt application, reserving liberty with the petitioner to raise a demand of the interest amount only if it is not granted by the opposite parties, as directed by this Court otherwise, the petitioner is satisfied with the aforesaid payment.
(3.) THIS Court, vide order dated 26th August, 2009, has given a direction to the Chief Secretary of the State of Jharkhand not to pay salary to the Engineer - in -Chief -cum -Special Secretary, Road Construction Department, Government of Jharkhand, Ranchi, till the impugned order is complied with, but, as stated hereinabove, now final order has been passed and a sizeable amount has already been paid, which was legally payable to the petitioner, who has no other means of livelihood except this amount and therefore, I hereby, direct the Chief Secretary of the State of Jharkhand to make the payment of the salary to the Engineer -in -Chief -cum -Special Secretary, Road Construction Department, Government of Jharkhand, Ranchi.;