Madras High CourtCONT P/137/2019closed

N.Nadanasabapathy v. Sivasundaravalli

2019-11-04Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.11.2019 C O R A M THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD 1.N.Nadanasabapathy 2.P.Kamaraj 3.T.Vanathaiya 4.R.Vijayan 5.M.Krishnan 6.T.Radhakrishnan 7.N.Arumugam 8.R.Vaithiyalingam 9.K.Ilanthamilan 10.R.Narayanasamy 11.E.Gunasekaran 12.K.Navaneethan ... Petitioners Vs.

Smt.Sivasundaravalli, The General Manager, [Administration], Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd., Head Office, Kilpauk, Chennai - 600 010.

... Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Court Act 1971, (i) to punish the respondent herein for knowingly and intentionally disobeyed the order passed in W.P.No.31308 of 2016 dated 09.09.2016 by this Hon'ble High Court, Madras without following the provision of the Rule 45 A of the Tamil Nadu Pension Rules as amended from 20.02.1995 and the Gazette Notification No.173 dated 01.04.2004 issued by the department of Finance (Retirement settlement) as per the order of Government of Tamil Nadu to pay the 12% annual interest towards the delayed payment of 1/3

unsettled DCRG amounts due to the petitioners 1 to 12 in the interest of justice; (ii) to pass an order for consequential relief by directing the respondent to pay interest at the rate of 12% per annum towards the delayed payment of unsettled DCRG amounts for the left over period of service of the petitioners 1 to 12 from the date of last payment of it to till the date of disbursement of the same to them within stipulated period of time in the interest of justice.

For petitioners : Mr.A.Thamizharasan For Respondents : Mr.L.P.Shanmugasundaram Standing Counsel.

ORDER

This Court by the order dated 09.09.2016 in W.P.No.31308, has passed the following order:- 7.Considering the submissions made on either side, this Court directs the respondents to pass appropriate orders on the Form - I application submitted by the petitioners as per the directions given by the first respondent, dated 19.05.2014, within a period of three weeks from the date of receipt of a copy of this order, on merits and in accordance with law."

2. Challenging the non-compliance of the order made in W.P.No.31308 of 2016, dated 09.09.2016, the instant contempt petition is filed.

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3. The learned counsel for the respondent states that the representations have been considered and orders have been passed on 01.11.2019 and the orders of this Court, have been complied with.

4. In view of the statement made by the learned counsel for the respondent, it is not disputed to the petitioners.

5. Contempt petition is closed. Notices are discharged. SD/- ASSISTANT REGISTRAR(COMM.CASES) dm //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/14/11/2019 To The General Manager, [Administration], Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd., Head Office, Kilpauk, Chennai - 600 010.

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