NDLI: State of Bihar & Ors. Vs. Meera Tiwary & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law rr.58 and 76 Jurisdicion of High Court Bihar Service Code Contempt of Court
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Contempt of Courts Act, 1971 (70 of 1971)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Contempt of Court – Jurisdiction of High Court – Respondent No.1’s husband (since deceased) was appointed Junior Engineer in the Public Works Department on or about 01.08.1958 – He was promoted to the post of Temporary Assistant Engineer on ad hoc basis and was thereafter given regular promotion to the post of Asst. Engineer– In 1995, he retired from service– Died on 30.05.2004 – Till his death, his retiral benefits were not released– Respondent No.1 filed writ petition for payment of post-retiral benefits of her late husband– Vide order dated 21.09.2004, the authorities were directed to redress her grievances – Contempt petition filed by the Respondent no.1 – High Court directed the authorities to finalise the family pension of the respondent no.1 taking into account the notional salary payable to her husband on the date of his retirement i.e.30.6.1995– On appeal, held: Authorities were directed to fully redress the grievances of the petitioner, and/ or to release the retiral dues of late husband of the respondent no.1– It was not open to the appellants to circumvent the order passed by the High Court and release provisional pension and gratuity and that too calculated in relation to the salary and emoluments of Junior Engineer, a lower post – There were two orders of promotion, the first ad hoc, and the second, of regular promotion – Further, after the disposal of the writ petition, in the absence of any disciplinary proceedings or show cause notice or other material, it was not open to the authorities to deny the respondent no.1, the benefits pertaining to the post to which her husband had been promoted, on the purported ground that he had failed to join the post and allegedly remained absent from duties for a period of 13 years and 10 months– In proceedings for contempt, the High Court is entitled to pass orders for effective enforcement of an order violation of which is alleged – High Court merely directed the alleged contemnor to finalise the dues payable to the respondent no.1 having regard to the salary that should have been payable to her husband on the date of his retirement as Asst. Engineer, the post to which he was admittedly promoted – High Court did not modify any earlier order nor did it expand the scope of any earlier order – No ground to interfere with the judgment of the High Court – Service Law – Bihar Service Code – rr.58 and 76.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2019 INSC 692
Petitioner	State Of Bihar & Ors.
Respondent	Meera Tiwary & Anr.
SCR	[2019] 12 S.C.R. 915
Judgement Date	2019-06-11
Case Number	9750

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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