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Contempt Petition No. : ……….

/2019

BEFORE THE HON’BLE HIGH COURT OF MADHYA PRADESH


BENCH AT INDORE

APPLICANT : ……………….

V/s.

RESPONDENT : ……………….

COMPLIANCE REPORT

It is, most humbly and respectfully, submitted on behalf of respondent as

hereunder:-

1. That, at the outset, it is most respectfully submitted that Respondents have

highest regards for the orders passed by this Hon’ble High Court dated

02.05.2018 passed in WP 2419/17 and the respondents are inclined and duty

bound to obey the orders passed by this Hon’ble High Court in its true letter

and spirit. The respondents have no intentions of undermining the authority

of this Hon’ble Court.

2. That, the applicant has filed the present Contempt Petition by raising a

grievance with respect to non-compliance of order dated 02.05.2018 passed

in WP 2419/17 before this Hon’ble Court. Relevant part of the order is

produced hereunder :-

“Keeping in view the aforesaid judgments as the petitioner is a retired

Class-3 employee who has attained the age of superannuation, will be

subjected to financial hardship as she is a retired employee receiving

pension and, therefore the recovery 2 WP No.2419/2017 deserves to be

quashed. Not only this, she was not at all fault in the matter of pay fixation

at any point of time and, therefore, keeping in view the totality of the

circumstances of the case as well as in light of the aforesaid judgments, the


recovery ordered by the respondents is hereby set aside. The amount if

already recovered, be refunded within a period of 90 days from the date of

receipt of certified copy of this order. It is needless to mention that if the

amount recovered is not refunded within a period of ninety days, the same

shall carry interest @ 12.5% from the date of entitlement till the amount is

actually paid.”

3. That, this Hon’ble Court was pleased to pass an order directing the

Respondents to refund the amount deducted from the pension amount of the

Petitioner vide recovery order dated 01.07.2016.

4. That, in compliance of the order passed by this Hon’ble Court, the

respondent has prepared a bill for the payment of the amount deducted from

the pension amount of the Petitioner. An amount of Rs. 2, 99,628/- (Two

Lacs Ninety Nine Thousand Six Hundred Twenty Eight Only) was credited

in the account of petitioner on 22.08.2019 towards the refund of the amount

deducted vide Recovery order dated 01.07.2016. Copy of payment details is

marked and annexed as Annexure C-1.

5. That, the order passed by this Hon’ble Court has been compiled by the

Respondent as the amount of Rs. 2,99,628/- (Two Lacs Ninety Nine

Thousand Six Hundred Twenty Eight Only) deducted from the pension

amount has been credited in the bank account of the petitioner. Although

there was some delay occurred in decision which was on account of

procedural exigency for which respondents prays for condonation in the

interest of justice.

6. That, the Respondent tenders an unconditional apology for the delay caused

in the compliance of the order passed by this Hon’ble Court.

7. That, a duly attested affidavit in support of this compliance report signed by

the respondent is also annexed herewith.


PRAYER

It is, therefore, most humbly and respectfully prayed before this Hon’ble Court on

behalf of the respondent that this compliance report may be taken on record and

the respondent be discharged of contempt proceedings. Any other order which this

Hon’ble Court may deem fit in the interest of justice may kindly be passed.

PLACE: INDORE SUBMITTED BY

DATED:

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