M.Asaithambi v. V.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.455 of 2016 M. Asaithambi .. Petitioner Vs
1. Mr.V.Prakash the Director of Municipal Administration, Chepauk, Chennai 600 005.
2. Mrs. Malligai The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District 641 305.
3. P.Rathinavelu, The Director of Local Fund Audit, 4th Floor, Kuralagam, Chennai 600 108.
.. Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act to initiate appropriate contempt proceedings against the respondents herein for the wilfull disobedience of the order dated 19.3.2012 made in W.P. No.23452 of 2010 and consequently punish the respondents herein under Section 12 of the Contempt Act, if the contempt is made out.
For Petitioner : Mr.K.Rajkumar For Respondents : Mrs.P.Kavitha, Govt. Advocate
ORDER
Heard the learned counsel appearing for the petitioner and the learned Government Advocate, appearing for the
respondent.
2. Today, when the matter is taken up for hearing, learned Government Advocate submitted that the order passed by this Court in W.P. No.23452 of 2010, dated 19.3.2012 has been duly complied with and in support of her submission, she has also produced two proceedings viz., (i) proceedings of the Commissioner (Additional Charge), Mettupalayam Municipality, dated 5.4.2013 and (ii) proceedings of Commissioner of Municipal Administration, Chepauk, Chennai-5 dated 30.3.2016. 3.A perusal of the proceedings dated 5.4.2016 passed by the Commissioner (Additional Charge), Mettupalayam Municipality would show that the arrears of pay and allowances is to be payable to the petitioner following the revision stated therein. It also further says that the order is subject to the outcome of the judicial process i.e., the restoration petition filed before this Court.
4. Further, the last paragraph of the proceedings says that the petitioner is requested to submit his pension proposals in the prescribed format in order to forward the same to the Director, Local Fund Audit, Chennai.
5. In view of the above, the petitioner is directed to submit his pension proposal in the prescribed format within a
week's time from the date of receipt of a copy of this order and on receipt of the same, the Director, Local Fund Audit is directed to consider and disburse the monetary benefits of the petitioner within a period of four weeks thereafter.
6. With the above direction, this Contempt Petition stands disposed of.
msr SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
To
1. The Director of Municipal Administration, Chepauk, Chennai 600 005.
2. The Commissioner, Mettupalayam Municipality, Mettupalayam, Coimbatore District 641 305.
3. The Director of Local Fund Audit, 4th Floor, Kuralagam, Chennai 600 108.
JM/CO/02/06/2016 One CC to Government Pleader, SR.4786/2016 One CC to M/S.K.Rajkumar, Advocate, SR.4659/2016