(H.L. Dattu, C.J. and A.K. Sikri and Arun Mishra, JJ.)
Madhya Pradesh Ashashkiya Mahavidalya Pradhaypak Sangh __________________________________________________ Appellant;
v.
K.K. Singh and Another _________________________ Respondent(s).
Contempt Petition (C) No. 359 of 2014 In Civil Appeal No. 6415 of 2004, decided on January 15, 2015
With
Contempt Petition (C) No. 360 of 2014 In Civil Appeal No. 6637 of 2004 Contempt Petition (C) No. 487 of 2014 In Civil Appeal No. 6625 of 2004 Contempt Petition (C) No. 384 of 2014 In Civil Appeal No. 6426 of 2004
The Order of the court was delivered by
Order
1. These contempt petitions have been filed by the petitioners inter-alia seeking the initiation of contempt proceedings against the respondent-contemnors for the alleged willful and deliberate disobedience of the orders of this Court, dated 12.12.20131 and 07.01.20142, passed in Civil Appeal No. 6415 of 2004 and connected matters.
2. It would be beneficial to take note of an earlier order of this Court, in the present contempt proceedings, wherein the respondents have been directed3 to pay the petitioners herein the arrears of pay/wages according to the 6th Pay Commission Scale.
3. Dr. A.M. Singhvi, learned senior counsel appearing for the respondents, on instructions, would submit that the financial burden on the State Government, in payment of the said arrears of pay/wages, would be huge and therefore, to ensure due compliance of the directions and orders of this Court, the State Government may be allowed to pay the amount/(s) due in five annual installments, commencing from 01.04.2015. The learned senior counsel has given the approximate break-up figures for the financial years, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and 2019-2020. The memo/note is placed on record.
4. The learned senior counsel would bring to the notice of this Court that the aforesaid figures do not include a sum of Rs. 306 crores which is payable as arrears under the 5th Pay Commission Scale.
5. We have heard learned senior counsels for the parties to the lis.
6. In view of huge financial burden on the State Government, we are of the considered view that if the request of the learned senior counsel for the respondents is accepted, it would not cause any prejudice to the other side. In fact, Shri Shanti Bhushan, learned senior counsel appearing for the petitioners, accepts the suggestion made by Dr. Singhvi in this regard.
7. Accordingly, we now direct the State Government to pay the aforesaid amounts, as indicated in their memo/note, in five annual installments commencing from the dates as indicated in the memo/note. Further, the amount of Rs. 306 crores, as payable as arrears under the 5th Pay commission Scale, shall be paid on or before 01.10.2019.
8. If for any reason, the State does not pay the amounts as indicated by this Court, the said amounts will carry interest of 6% per annum.
9. In view of the above, we drop the contempt proceedings for the present.
10. Ordered accordingly.
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1 State of M.P. v. Sharique A. Ali, Civil Appeal No. 6362 of 2004, order dated 12-12-2013 (SC)
2 State of M.P. v. Sharique A. Ali, Civil Appeal No. 6362 of 2004, order dated 7-1-2014 (SC)
3 M.P. Ashashkiya Mahavidalya Pradhaypak Sangh v. K.K. Singh, Contempt Petition (C) No. 359 of 2014 in Civil Appeal No. 6415 of 2004, order dated 16-12-2014 (SC)
