We have perused the order of this Court passed on 16-11-2005, by which, petition No.D-489 of 2005 was allowed, holding that the notification issued cannot be applied retrospectively by the aforesaid order while disposing of the petition, a direction was issued to the CDGK to make the payment of honoraria with arrears to the petitioner within four months, which order has attained finality. The CDGK in defiance of the order is not making payment to the other remaining members of the Council inter alia on the only ground that they were not petitioners and therefore, could not seek benefit of the order passed in constitutional petition No.D-489 of 2005. With profound respect this approach of the department is contemptuous. The case of the present petitioners and the interveners is on the same footing. Once this Court has passed an order holdinig that the honoraria is payable to all the members inclusive of the arrears as provided under the statute, such payment cannot be withheld by the CDGK on the ground, which did not find favour by this Court that notification issued would not be made applicable retrospectively.
2. We, therefore, direct the CDGK to pay honoraria to all the members of the Council in terms of the judgment of this Court, dated 16-11-2005 in C.P. No.D-489 of 2005, which shall include the amount of arrears. This should be done within one month from today and report compliance. Non- compliance of this order will expose the concerned officers of the City District Government, to contempt proceedings.
3. This petition stands disposed of in the above terms along with the listed applications.