Contempt notices to JNAU Registrar, others

Source: The Hitavada      Date: 06 Jan 2018 11:30:34









Legal Correspondent,

A DIVISION bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla on Friday issued contempt notices to Ashok Kumar Ingle, Registrar, Jawaharlal Nehru Agriculture University (JNAU), Jabalpur, Dr Dhirendra Khare, Director Research Services, JNAU, Jabalpur and Anil Keshrwani Comptroller, JNAU, Jabalpur and asked them to file reply within six weeks. The division bench listed the matter for next hearing on February 19 tentative date. Division bench heard contempt petition filed by Sujata Bhalla, wife of late Dr C S Bhalla from Jabalpur. Earlier, the High Court had dismissed writ appeal filed by Jawaharlal Nehru Agriculture University and others against Sujata Bhalla.

JNAU and others challenged in the appeal is to an order passed by the Single Bench on August 2, 2017, in a Writ Petition, whereby present appellants have been directed to pay five years’ salary to writ-petitioner calculated on the basis of last pay drawn by her husband after adjusting amount of family pension for the period of five years along with interest at the rate of 6 per cent per annum. The petitioner’s husband died on December 12, 2006.

Policy of compassionate appointment framed by the appellants contemplates appointment on compassionate ground and if no post is available or if legal heir of the deceased-employee does not opt for compassionate appointment, then to grant compensation amount of last five years’ salary drawn by the deceased employee. No doubt, writ petitioner changed her stand in respect of claim of appointment on compassionate ground or for payment of compensation time and again, but before the University could take any final decision on any such request, final request of the writ petitioner dated on October 10, 2011, was to claim compensation.

The stand of appellants that due to change of stand by writ petitioner, the University decided to offer appointment on compassionate grounds. After hearing the writ appeal, the High Court dismissed appeal filed by JNAU and others and said that the compensation amount as directed by the Single Bench be paid to the respondent/writ petitioner within two months. Earlier, the High Court had issued order in writ petition that ‘the respondents shall pay the petitioner five years’ salary on the basis of last pay drawn by her husband Dr Bhalla after adjusting the amount of family pension for the period of five years along with 6 per cent interest per annum and shall also be entitled for revised family pension as per 6th Pay Commission, if not already revised payable to her from the date immediately preceding the day of death of her husband excluding period of five years. But respondent authorities did not take action in this regard and filed a writ appeal before the court. The court had dismissed the writ appeal filed by JNAU. Respondents are not take action regarding the High Court’s order, thereafter, the petitioner filed this contempt petition.