J.Ravi v. Tmt.Kakarla Usha, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN Cont.P.No.375 of 2022 and Cont.P.No.375 of 2022:- J.Ravi ... Petitioner Vs.
1.Tmt.Kakarla Usha, IAS State of Tamil Nadu, Principal Secretary to Government, 2.P.Periyasamy The Teachers Recruitment Board, Member Secretary, ... Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondents for contempt of Court for violation of the Order of this Court dated 29.09.2021 in W.P.No.27113 of 2016. 1/6
W.P.No.16559 of 2024:- J.Ravi ... Petitioner Vs.
1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, 2.The Teachers Recruitment Board, Rep by its Member Secretary, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, against the 2nd respondent for the consideration of the representation dated 26.03.2024 and to grant all Monetary benefits with regard to the Annual Increment arrears from the date of 01.07.2024 to 01.07.2019.
For Petitioner : Mr.M.Padmanaban (in both) For Respondents : Mr.T.M.Rajangam (in both) Government Advocate for R1 Mr.R.Neelakandan AAG asst by Mr.C.Kathiravan Standing Counsel for R2 2/6
COMMON ORDER Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.C.Kathiravan, the learned Standing Counsel for the second respondent submits that the order passed by this Court on 29.09.2021 in W.P.No.27113 of 2016 has been complied with. By the aforesaid order, this Court had ordered as follows:- "13. Considering the fact that the petitioner had put a long period of service with the respondents, the respondents cannot initiate such proceedings and harass such a Government servants. The proceeding was arbitrary and denies the right to retire from Government service with dignity to a Government servant who has otherwise put in a long period of service without any negative remark.
14. In the light of the above, this Writ Petition is allowed by quashing the impugned Show Cause Notice by directing the respondents to finalize the pension papers of the petitioner and start paying pension from 1st of November of 2021 regularly. The respondents are also directed to pay arrears of pension together with the applicable statutory rate of interest on the delayed payment of terminal benefits and pension within the aforesaid period.
15. This Writ Petition stands allowed with the above observations. No costs. Consequently, connected Writ Miscellaneous Petitions are closed."
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2. Pursuant to the order of this Court dated 29.09.2021, the Government had passed suitable orders on 04.07.2024 bearing G.O.Ms.No.157, School Education Department, pursuant to which the Teachers Recruitment Board has also issued an order bearing reference Na.Ka.No.7888/m-,1/2024 dated 15.07.2024. The petitioner has sent a representation on 26.03.2024 to grant all monetary benefits with regard to the Annual Increment arrears from the date of 01.07.2004 to 01.07.2019.
3. In my view, this Contempt Petition therefore no longer survives and is therefore liable to be closed and it is accordingly closed. Since the petitioner has sent a representation seeking for certain other benefits for the period between 01.07.2004 to 01.07.2019, I direct the second respondent to consider the same and pass appropriate orders on merits as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.
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4. Accordingly, this Contempt Petition is closed and Writ Petition is also closed. No costs.
25.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas To 1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, 2.The Teachers Recruitment Board, Rep by its Member Secretary, 5/6
C.SARAVANAN, J.
jas Cont.P.No.375 of 2022 and 25.09.2024 6/6