9911796707
TMI Blog1988 (3) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... the Union of India to make the services of the petitioners permanent and for further directions in the matter of payment of allowances and other material benefits as payable to similar employees under the Union Government. Notice was ordered on the application on 14th July, 1987, and two weeks' time was allowed to the respondents for filing their counter affidavit. On 3rd August, 1987, the court directed as follows: Two weeks are allowed to the respondents for filing a counter affidavit. No further time will be allowed. One week thereafter is allowed for filing rejoiner. Put up this matter after three weeks. Meanwhile, status quo as on today shall be maintained. (underlining is ours). On 7th August, 1987, the Court made th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties that the necessity to maintain such an office is linked up with the historical fact that several inhabitants of Nepal worked in the Indian Army under the Gorkha Regiment. Mainly for their convenience this extra territorial establishment is being maintained. Some of the petitioners are India-based while others are residents of Nepal. The establishment at Pokhara is under the direct control of an Officer attached to the Indian Embassy styled as Officer-in-Charge, Indian Embassy, Pension Paying Office, Pokhara. The Ambassador of the Indian Embassy at Kathmandu, being the head of Indian Government establishments in Nepal, has also supervisory jurisdiction over the Pay Office. Respondent No. 5, the Military and Air Attache of the Indian Em ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bey, is not an employee of the establishment of the Controller of Defence Accounts at Meerut nor is he an employee under his administrative control. According to him, he has no concern with any executive or administrative matter relating to the Pension Paying Office at Pokhara. Respondent No. 4, the Ambassador, was not subjected to the contempt proceedings. Respondent No. 5 is the Military and Air Attache of the Indian Embassy at Kathmandu and is in charge of the general administration of the military wing. Apart from offering unconditional apology, he has indicated that Dubey has been restored to service and he has been provided with residential accommodation and for the period he was out of possession of the official residence, rent by wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o given accommodation. The delay in implementing the same may kindly be condoned and we be excused for such delay for which we have tendered an unconditional apology at the outset of this affidavit. 6. There is some material which, if probed into further, might have established that respondent No. 6 had the notice of the order of this Court before physical dispossession of Dubey was effected. As already noticed, there is allegation of adoption of an attitude of resentment by respondent No. 6 or for the matter of that the local officers, when the writ petition was filed in this Court. That backdrop, as contended by counsel for the petitioners, perhaps could be taken to supply the motive for the delay in complying with the directions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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