Full Judgment Text
$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03 rd February, 2025 + CONT.CAS(C) 711/2024 ALL INDIA RAILWAY ACCOUNTS STAFF ASSOCIATION THROUGH ITS SECRETARY .....Petitioner Through: Ms. Sumita Hazarika and Ms. Kalpana Tirpathi, Advocates. versus SMT. JAYA VARMA SINHA AND ANR. .....Respondent Through: Ms. Pratima N. Lakra, CGSC with Mr. Kashish G. Baweja, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The attention of the Court has been drawn towards clarificatory order dated 11.01.2024 passed by learned Division Bench of this Court in W.P.(C) 1523/2016 whereby application seeking clarification moved by petitioner/Association was disposed of while directing as under:- The application is, accordingly, disposed of by clarifying that the benefit of this Courts decision dated 18.12.2019 will also be extended to all members of the petitioner no. 1 association who were members as on the date of filing of the O.A. No. 4419/2014. 2. Learned Standing counsel for respondent/UOI submits that in terms of earlier order dated 18.12.2019, there was a direction that the concerned members of the Association be granted arrears within a period of 12 weeks, failing which respondents were asked to pay simple interest @ 6% per annum till the date of re-payment. She submits that such direction has already been complied with and those petitioners have already been given their dues. 3. Ms. Lakra also submits that earlier a contempt petition was filed by the Association which was registered as CONT.CAS(C) 966/2021 and such contempt petition was disposed of by Coordinate Bench of this Court on 24.02.2022. 4. During course of the above said contempt petition, it was admitted by learned counsel for the Association that such concerned employees had already been paid their dues and it was in the above said backdrop that the said contempt petition was dismissed holding that, no contempt was made out. 5. She submits that it was only subsequent to that, an application was moved by the Association whereby the petitioner/Association had sought a clarification and pursuant to such application, the direction, as above, was given to respondent to extend the benefit to all the members of the Association who were members as on the date of filing of O.A. No.4419/2014. 6. Learned counsel for the petitioner submits, on instructions, that number of such members would be around 15,000. 7. Ms. Lakra, learned counsel for the respondent submits that the petitioner Association has not yet given the desired list to the respondents and, therefore, the respondents are not in a position to do the needful. It is submitted that once the above said list of all such members, who were members as on the date of filing of O.A. No.4419/2014, is supplied to them, it would be ensured that needful is done, as expeditiously as possible. 8. Learned counsel for respondents also submits that though they would process all such cases but they would also reserve their right to verify all such details and credentials and, if required, would also seek an undertaking, while disbursing the amount to such members. 9. Learned counsel for petitioner submits that the requisite details of all such members would be sent to respondent within one week from today. Such list be also sent electronically. 10. It is undertaken that such list would be supplied under the signatures of the Secretary of the Association. 11. This Court expects that once such list is received by the respondents, keeping in mind the urgency involved, the respondents shall take further steps, as expeditiously as possible. 12. In view of the above said directions, learned counsel for petitioner Association, at the moment, does not press the present contempt petition while reserving her right to revive the same, in case, needful is not done within a reasonable period. 13. The petition is disposed of accordingly. 14. Liberty, as prayed, is granted. (MANOJ JAIN) JUDGE FEBRUARY 3, 2025/ss