G.Ramakrishnan v. Sabitha, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 21-01-2021

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR and Sub.A (OS).No.15 of 2021 G.Ramakrishnan ... Petitioner/ Petitioner -vs1. Smt.Sabitha, I.A.S.

Secretary to Government School Education Department, Fort St. George, Chennai.

2. Smt.Vasundara Devi Director of School Education College Road, Chennai - 6.

3. Mr.Santhaanathanjaivanan Chief Educational Officer, Nagapattinam.

4. Mr.Rengarajan Accountant General of Tamil Nadu, Teynampet, Chennai - 18.

5. Smt.T.Sowdhaarani Headmaster, Government Higher Secondary School, Tirukadaiyur, Nagapattinam District.

... Respondents/Respondents 1 to 5 1/6

Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for committing contempt of Court of the order, dated 08.06.2011 passed in W.P.No.6211 of 2011. For Petitioner : Mr.R.Prem Narayanan For Respondents : Mr.S.Suresh Kumar Govt. Advocate for R1 to R3 and R5 Mr.P.Vijay Shankar for R4

ORDER

This Contempt Petition has been filed for the alleged disobedience of the order, dated 08.06.2011 made in W.P.No.6211 of 2011.

2. Today when the contempt petition is taken up for hearing, Mr.P.Vijay Shankar, learned standing counsel appearing for the fourth respondent would submit that, pursuant to the orders of this Court passed in the writ petition referred to above, though belatedly, the respondents 2 and 3 had forwarded the pension proposal of the petitioner to the fourth respondent and on receipt of the same, the same having been approved, an order to that effect was passed by the fourth respondent on 13.01.2021, of course, without prejudice to the right of the fourth respondent to prefer appeal against the order passed by the learned Judge in a Review Petition filed by the fourth respondent against the writ order.

3. He would also submit that, the copy of the order passed by the fourth respondent, dated 13.01.2021 would be forwarded shortly either to the 2/6

petitioner or to the learned counsel appearing for the petitioner, who on receipt of the same can work out his remedy by approaching the Treasury Officer to get the amount disbursed.

4. The learned counsel appearing for the petitioner would submit that, if the fourth respondent passed order on 13.01.2021 as claimed by the learned counsel appearing for the fourth respondent, a copy of the same can be forwarded to him, on receipt of the same, he would make a necessary request to the Treasury Officer concerned to disburse the amount.

5. In view of the said development taken place, where, on the part of the respondents herein, they have complied with the order, of course belatedly and it is culminated in the order now passed by the fourth respondent, dated 13.01.2021 which is concerned, as submitted by the learned counsel appearing for the fourth respondent, it is subject to the appeal to be filed by the fourth respondent.

6. In view of the above, the following order is passed in this Contempt Petition :

(i) that the fourth respondent shall forward the copy of the order, dated 13.01.2021 to the learned counsel for the petitioner within a period of one week from the 3/6

date of receipt of a copy of this order and on receipt of the same, it is open to the petitioner to make application along with the said order to the concerned Treasury Officer along with the copy of this order also for disbursing the amount, pursuant to the fourth respondent's order.

(ii) On receipt of such request along with the copy of this order, the Treasury Officer concerned shall pass necessary order disbursing the amount payable to the petitioner, pursuant to the orders passed by the fourth respondent, within a period of four weeks thereafter. With the above directions, this Contempt Petition is closed. Consequently, connected Sub Application is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) tsvn //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

4/6

To

1. The Secretary to Government School Education Department, Fort St. George, Chennai.

2. The Director of School Education College Road, Chennai - 6.

3. The Chief Educational Officer, Nagapattinam.

4. The Accountant General of Tamil Nadu, Teynampet, Chennai - 18.

5. The Headmaster, Government Higher Secondary School, Tirukadaiyur, Nagapattinam District.

5/6