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Patna High Court

Sundari DeviversusThe Union Of India

Decided
Disposal
DISPOSED

Holding

The High Court revived the contempt petition CCPA No. 20 of 2011 and ordered it to be listed before the CAT.

Summary

The petitioner, a widow, sought enforcement of a Central Administrative Tribunal (CAT) order dated 9 November 2009 directing the railway authorities to calculate her late husband's service period from 13 July 1973 and adjust his pension accordingly. The railway respondents failed to comply, leading to a contempt petition (CCPA No. 20 of 2011) before the CAT, which was repeatedly dropped on the ground of the petitioner's counsel not appearing at hearings. The petitioner filed multiple revival petitions, the latest being M.A. No. 298 of 2022, but the contempt proceedings were again dismissed due to the same non‑appearance. The Patna High Court examined whether procedural defaults and the respondents' alleged compliance justified dropping the contempt petition. Finding that the petitioner was not at fault for the counsel's absence and that the respondents had not actually complied with the CAT order, the Court revived the contempt petition and directed it to be listed before the CAT on 17 February 2026. The writ petition was consequently disposed.

Issues considered

  • Whether the contempt petition pending before the CAT can be revived despite previous dismissals due to the petitioner's counsel's non‑appearance.
  • Whether the railway authorities' alleged compliance with the CAT order is sufficient to discharge the contempt proceedings.
  • Whether procedural default of the petitioner's counsel can be condoned in the interest of justice.

Subjects

  • contempt of court
  • Central Administrative Tribunal
  • pension calculation
  • service period
  • revival of proceedings
  • procedural default
  • railway employee
  • writ petition

Judgment

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.710 of 2026
     ======================================================
     Sundari Devi wife of Late Kamleshwar Chaudhary, D/o Late Bundi
     Chaudhary, Resident Of Village - Bela Birra, P.O. - Silkai, P.S.- Makhdumpur,
     District- Jehanabad at present Chandrawansi Nagar, East Bhikhachak, P.S.-
     Gardanibag, District and Town- Patna.

                                                                 ... ... Petitioner/s
                                         Versus
1.   The Union Of India through the General Manager, East Central Railway,
     Zonal Office, Hajipur, District- Vaishali, Bihar,
2.   The General Manager, East Central Railway, Zonal Office, Hajipur, Bihar.
3.   The Divisional Railway Manager, Divisional Office, East Central Railway,
     Danapur Division, Patna, Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Manoj Kumar, Adv.
     For the UOI            :      Mr. Bindhyachal Rai, Sr. Panel Counsel
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
             and
             HONOURABLE MR. JUSTICE PRAVEEN KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

      Date : 20-01-2026

               The present writ petition has been filed against the order

      dated 29.9.2022, passed in C.P. /20/2011 (Patna) in O.A./ 492/

      2008 by the learned Central Administrative Tribunal (hereinafter

      referred to as “the Ld. CAT”), Patna, whereby and whereunder

      the contempt proceedings have been dropped.

      2.       The brief facts of the case, according to the petitioner are

      that the husband of the petitioner was appointed as casual

      worker on the post of Class-IV Employee on 17.9.1969 in the

      Indian Railways at Bakhtiyarpur and subsequently, he
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         superannuated on 30.6.2004 while holding the post of Box

         Porter, Operating Department, Patna Junction, Patna. The

         service period of the husband of the petitioner was calculated

         from 7.2.1979 to 30.6.2004 for the purposes of pension,

         however it was the claim of the husband of the petitioner that

         his services should have been counted from 13.7.1973, hence he

         had approached the Ld. CAT, by filing an application bearing

         O.A. No. 492 of 2008, whereupon the Ld. CAT, vide order dated

         9.11.2009 had directed the Respondents to calculate the service

         period of the petitioner from 13.7.1973 and not from 7.2.1979

         and consequently, re-fix his pension and pensionary benefits as

         also pay admissible interest on the arrear amount of pension and

         pensionary benefits with effect from 13.7.1973. The said order

         dated 9.11.2009 was not complied with by the Respondents,

         leading to the husband of the petitioner filing a contempt

         petition before the Ld. CAT bearing CCPA No. 20 of 2011,

         however in the meantime, the Respondents challenged the

         aforesaid order dated 9.11.2009, passed by the Ld. CAT, before

         this Court in CWJC No. 1196 of 2012, nonetheless the same

         was dismissed as withdrawn, vide order dated 13.2.2012 with

         liberty to file review petition, whereafter the Respondents had

         filed review petition bearing R.A. No. 44 of 2013 and M.A. No.
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         408 of 2013, however the same was also dismissed by the Ld.

         CAT, vide order dated 5.12.2013. Thereafter, the Respondents

         had filed yet another writ petition bearing CWJC No. 11473 of

         2014. In the meantime the husband of the petitioner died on

         4.5.2011, leading filing of a substitution petition bearing M.A.

         No. 542 of 2012 but the same could not be pressed. The

         contempt proceedings, during the interregnum period, was

         dropped by the Ld. CAT, vide order dated 20.8.2015, subject to

         the outcome of the aforesaid writ petition bearing CWJC No.

         11473 of 2014, nonetheless liberty was granted to the employee

         to revive the contempt petition in case of non-compliance of the

         directions of the learned Tribunal. The petitioner had then filed a

         revival petition on 11.5.2016, whereafter a substitution petition

         bearing M.A. No. 364 of 2017 was filed, which was allowed

         vide order dated 23.11.2017 and then though the aforesaid

         contempt petition bearing CCPA No. 20 of 2011 was revived but

         the proceedings were again dropped, vide order dated

         13.12.2018.

         3.      It is the submission of the learned counsel for the

         petitioner that even after lapse of several years, no action was

         taken by the Respondents to comply with the aforesaid order

         dated 9.11.2009, passed in O.A. No. 492 of 2008, nonetheless
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         the contempt proceedings were dropped by an order dated

         13.12.2018 on account of false contention of the Ld. Counsel

         for the Respondents that the order passed by the Tribunal has

         been complied with, however liberty was granted to the

         applicant to take legal recourse, if any grievance is unsettled.

         The order dated 13.12.2018 reads thus:-

                     “Learned counsel for the respondents submits that the
                     order passed by this Tribunal has already been
                     complied with.
                     Accordingly, the contempt petition is dropped. Notices
                     discharged.
                     However, liberty is granted to the applicant that if any
                     grievance is unsettled, it is open to him to take legal
                     recourse.”
         4.      Thereafter, the petitioner had again filed a revival petition

         being M.A. No. 298 of 2022, which was heard on 20.5.2022 and

         notices were directed to be issued to the contemnors /

         respondents. The said contempt petition was then listed on

         29.9.2022, however since the learned counsel for the petitioner

         was not present during the course of hearing, on a false

         submission by the Ld. Counsel for the Respondents that the

         order has been complied with, the contempt proceeding has

         again been dropped by the impugned order dated 29.9.2022.

         5.      The Ld. Counsel for the petitioner has submitted that on
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         account of default on the part of the concerned Advocate, the

         petitioner should not be penalised, hence a sympathetic view be

         taken and the aforesaid contempt proceeding be directed to be

         revived.

         6.      We have gone through the materials on record and we

         find from the order dated 13.12.2018, passed in CCPA No. 20 of

         2011 that the counsel for the petitioner / her deceased husband

         had not appeared before the Ld. CAT, however on the bald

         submission       of    the    learned counsel   appearing   for   the

         Respondents to the effect that the order of the learned Tribunal

         has stood complied with, the contempt proceedings were

         dropped, nonetheless liberty was granted to the applicant that in

         case any grievance is unsettled, it would be open to take legal

         recourse, leading to the petitioner having filed revival petition

         on various occasions, lastly vide M.A. No. 298 of 2022, which

         was heard on 20.5.2022 and notices were directed to be issued

         to the contemnors / respondents, nonetheless again on account

         of the non-appearance of the learned counsel for the petitioner,

         on two occasions i.e. 31.8.2022 and 29.9.2022, though the

         contempt petition had stood revived, the contempt proceedings

         were dropped.

         7.      At this juncture, we have put a query to the learned
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         counsel appearing for the Respondents as to whether any harm

         would befall upon the respondents in case the contempt petition

         is revived, to which the Ld. Counsel for the Respondents has

         submitted that the respondents/ contemnors be granted liberty to

         file their objections before the Ld. CAT, in case this Court

         deems it fit and proper to revive the aforesaid contempt

         proceedings.

         8.      Having regard to the facts and circumstances of the case

         and considering the aforesaid aspect of the matter as also taking

         into account the fact that for no fault on the part of aged widow

         lady (petitioner herein), her contempt petition has stood

         dismissed on account of non-appearance of her counsel on

         couple of occasions before the Ld. CAT, we are of the view that

         it would be in the interest of justice and equitable to revive the

         aforesaid contempt petition bearing CCPA No. 20 of 2011.

         Accordingly, the said contempt petition bearing CCPA No. 20 of

         2011 stands revived and restored to its original file, which is

         directed to be listed before the Ld. CAT on 17.2.2026 at 10:30

         am, on which date the learned counsel for the petitioner shall

         definitely appear before the concerned Bench of the Ld. CAT,

         however in the event of any default on his part to appear on any

         one occasion, the same would not only entail disposal of the
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                      said contempt petition by the Ld. CAT on its own merit but

                      would also effectuate finality to the present litigation.

                      9.      The present writ petition stands disposed off on the

                      aforesaid terms.


                                              (Mohit Kumar Shah, J)


                                                 ( Praveen Kumar, J)
Ajay/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          5.2.2026
Transmission Date       NA


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