Contempt Petition No.3 of 2012 In Contempt Petition No.6 & 7 of 2009 In Writ Petition (Civil) No. 503 of 2007. Case: Noor Saba Vs Anoop Mishra & Anr.. Supreme Court (India)

Case NumberContempt Petition No.3 of 2012 In Contempt Petition No.6 & 7 of 2009 In Writ Petition (Civil) No. 503 of 2007
JudgesP. Sathasivam, C.J.I., Ranjana Prakash Desai and Ranjan Gogoi, JJ.
IssueConstitution of India - Article 32
Judgement DateSeptember 02, 2013
CourtSupreme Court (India)


Ranjan Gogoi, J.

  1. The contempt petitioner had filed a writ petition under Article 32 of the Constitution [W.P.(C) No. 503 of 2007] raising a plea that after her husband had passed away in the year 1980, while serving as the Headmaster in Government Public School, Rampur under the Uttar Pradesh Basic Shiksha Parishad, a meagre and inadequate amount of family pension was being paid to her leaving her in a dire state of penury and distress. The writ petition in question was filed before this Court even while a writ proceeding on the same issue was pending before the Allahabad High Court. Notwithstanding the above, taking into account the peculiar facts of the case, particularly, the distress that the petitioner claimed to be suffering from, this Court entertained the writ petition and disposed of the same by the order dated 29.7.2008 in the following terms:

    "Keeping in view the facts and circumstances of the case, we direct that the family pension of the petitioner shall be determined in terms of Government Order dated 24.2.1989 and other necessary orders issued from time to time revising the family pension. This exercise shall be done within a period of three months from today. After the family pension is determined in terms of the various Government Orders on the subject and the amount of arrears be calculated, the same shall be paid to the petitioner after deducting the payments already made to her on account of family pension. With the abovesaid direction, the writ petition is disposed of. No order as to costs." [Para 12]

  2. While disposing of the writ petition in the above terms by order dated 29.7.2008, this Court had recorded certain facts which being relevant to the present proceedings are being noticed hereinafter.

    The petitioner''s husband late Masood Umer Khan was initially appointed as an Assistant Teacher in the year 1959 and he was holding the post of Headmaster in the Government Public School, Rampur when he passed away on 5.4.1980. The petitioner was granted family pension at the rate of Rs. 200/- per month which was later revised to Rs. 425/-. The revised amount was reduced to Rs. 375/- per month and an attempt was made to recover the excess amount allegedly overdrawn by the petitioner. The aforesaid action of the State was challenged by the petitioner in a writ proceeding before the Allahabad High Court which was, however, dismissed on 4.3.2005. Aggrieved, an intra-court appeal was filed against the said order...

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