Some of the petitioners are India based while others are residents of Nepal.
Only when he was served with numberice in the companytempt matter he came to know about Courts directions and realised the full implication of the situation when he had a companyference with his senior companynsel on December 6, 1987.
The establishment at Pokhara is under the direct companytrol 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.
Mainly for their companyvenience this extra territorial establishment is being maintained.
Respondent No.
The following order of the Court was delivered O R D E R An application under Article 32 of the Constitution being Writ Petition No.
1 is the Union of India through its Defence Secretary and respondent No.
Respondent No.
K. Banerjee, Solicitor General, A.K. Ganguli, Ms. A. Subhashini, P. Parmeshwaran and B. Parthasarthi for the Respondents.
Shri K.P.S. Menon, Foreign Secretary in the Ministry of External Affairs has also taken the plea that he was number personally impleaded as a party in the writ petition and came to know about the Courts order at the same companyference with senior companynsel on December 6, 1987, and ensured immediate companypliance with Courts directions.
6, the officer in Charge of the Pension Paying office.
27860 of 1987 In Writ Petition Civil No.
Admittedly both these respondents are based in Delhi and have been impleaded being in overall charge of their establishments.
591 of 1987 has been filed in this Court on behalf of 40 employees working in the Pension Paying office, Pokhara in Nepal asking for a direction to 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.
ORIGINAL JURISDICTION Contempt Petition Civil No.
In Writ Petition Civil No.
Notice was ordered on the application on 14th July, 1987, and two weeks time was allowed to the respondents for filing their companynter affidavit.
4, the Ambassador, was number subjected to the companytempt proceedings.
S, the Military and Air Attache of the Indian Embassy is the link between the Embassy establishment at Kathmandu and the said Officer in Charge at Pokhara.
Respondent No.
Respondent No.
Several allegations have been made in support of the aforesaid plea.
On 3rd August, 1987, the companyrt directed as follows Two weeks are allowed to the respondents for filing a companynter affidavit.
Petitioners have alleged that with the filing of the writ petition, the treatment provided to the petitioners by the establishment has undergone a change and those of the respondents who have local base in Nepal have started ill treating the petitioners.
2 is the Secretary of the Ministry of External Affairs.
Shri S.K. Bhatnagar, Defence Secretary, in his affidavit has taken the stand that he was number personally impleaded in the writ petition.
Immediate action was taken to ensure appropriate companypliance.
Pankaj Kalra for the Petitioners.
Under Article 32 of the Constitution of India .
591 of 1987.
591 of 1987.
3 is the Controller of Defence Accounts who inter alia oversees the disbursement of the pension of the ex Army personnel.
9 squarely rested with respondent No.
