V.Settu @ Sivapackiam v. Sampath
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.8.2015
CORAM:
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Contempt Petition No.445/2015 V.Settu @ Sivapackiam : petitioner versus 1.Mr.Sampath, District Collector, Villupuram.
2.Mr.Manickam, Tahsildar, Thirukovilur Taluk, Villupuram District.
: respondents Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying the orders of the court dated 25.9.2013 in W.P.No.26289 of 2013.
For petitioner : Ms.V.Settu @ Sivapackiam, Party-in-person For respondents : Mr.M.S.Ramesh, Additional Government Pleader
O R D E R
The petitioner seeks initiation of contempt proceeding against the respondents alleging non compliance of the order passed by this Court in W.P.No.26289 of 2013.
2. This Court passed an order dated 25 September 2013 directing the District Collector, Villupuram, to consider the case of the petitioner for pension. Since orders were not passed by the District Collector within the time
schedule prescribed by this Court, the petitioner has come with this contempt petition.
3. During the currency of this contempt petition, the District Collector passed an order dated 30 March 2015, sanctioning pension at the rate of Rs.1000/- per month to the petitioner. I have in my order dated 1 April 2015, complimented the District Collector, Villupuram, for the earnest efforts taken by him to redress the grievance of the petitioner.
4. The present request of the petitioner is to direct the District Collector to pay her arrears taking into account the application submitted by her five years back and the subsequent representation dated 8 August 2013.
5. The District Collector, Villupuram, sanctioned pension to the petitioner prospectively. In the normal course, the petitioner must challenge the order dated 30 March 2015, sanctioning her pension prospectively. However, in the subject case, I am of the view that the petitioner should not be dragged into the midst of yet another litigation. It would not be possible for a poor pensioner like the petitioner to bear the exorbitant cost of litigation. I am therefore of the view that in the interest of justice, appropriate orders should be passed in the matter, to put an end to the on going litigation.
6. The District Collector, Villupuram, is directed to pay a sum of Rs.40,000/- (Rupees Forty Thousand only), to
the petitioner, by way of arrears, taking into account the monthly pension as indicated in the order dated 30 March 2015. This 40 month pension should be treated as a one time payment of arrears, taking into account the date of her initial application. The District Collector, Villupuram, is further directed to pay the arrears amount to the petitioner on or before 5 October 2015.
7. The contempt petition is disposed of with the above direction.
Tar SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SS/CO/02/09/2015 One CC to Government Pleader, SR.11273 To 1.V.Settu @ Sivapackiam W/o.Mr.Veerasamy New No.9, Old No.32-A, Kothandapanipuram, Arakanda Nallur post, Thirukovilur Taluk, Villupuram District.
2.The District Collector, Villupuram.
3.The Tahsildar, Thirukovilur Taluk, Villupuram District.