M.Suseela v. D.K.Sekar And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2023

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR Cont.P.No. 1139 of 2023 Dr. M.Suseela ..

Petitioner Vs.

1. Shri D.K.Sekar Principal Accountant General (A&E) No.361, Anna Salai, Teynampet, Chennai -600018.

2.Dr.Rajamoorthy, Director of Medical and Rural Health Service (ESI) DMS Complex 361, Anna Salai, Chennai -600006.

3.Dr.Chitra, Medical Superintendent, ESI Hospital, Aynavaram, Chennai -600023 Prayer: Contempt petition filed under Section.11 of the Contempt of Courts Act praying for punishing the respondents for willfully disobeying the order passed in W.P.No. 17728 of 2021, dated 02.09.2022. For Petitioner : M/sS.Karthikei Balan For Respondent : Mr.P.Muthukumar, State GP-R2 Mrs.Hema Muralikrishnan, Standing Counsel - R1 1/4

O R D E R

Today when the matter was taken up for hearing, the learned State Government Pleader has produced a communication sent by the 3rd respondent to the Government Pleader in Na.Ka. No. 1151/N/1/1/2023, dated 11.10.2023, wherein it is stated that based on the audit objection, a sum of Rs.59,177/- has been deducted from the Death cum Gratuity and paid the balance amount of Rs. 9.48.823/- on 19.08.2019 to the petitioner. It is further stated in the said letter that the department has also paid a sum of Rs.4,69,590/- to the petitioner towards interest under UTR No. 5153525150525350000000, dated 06.10.2023. The learned State Government Pleader has submitted that in view of the said statement made by the 3rd respondent, the order of this Court has been complied with by the respondents.

2. The learned counsel for the petitioner disputed the amount of Rs.59,177/- deducted by the respondent-department. According to the learned counsel for the petitioner, the said amount cannot be deducted and the same has to be paid to the petitioner.

2/4

3. In view of the statement made by the learned State Government Pleader that the amount of Rs.59,177/- was deducted based on the audit objection, it is open to the petitioner to work out remedy in the manner known to law.

4. Recording the communication of the 3rd respondent in Na.Ka. No. 1151/N/1/1/2023, dated 11.10.2023, the contempt petition is closed. 13.10.2023 Internet : Yes Index : Yes/No ak To

1. Shri D.K.Sekar Principal Accountant General (A&E) No.361, Anna Salai, Teynampet, Chennai -600018. 2.Dr.Rajamoorthy, Director of Medical and Rural Health Service (ESI) DMS Complex 361, Anna Salai, Chennai -600006. 3.Dr.Chitra, Medical Superintendent, 3/4

ESI Hospital, Aynavaram, Chennai -600023 D.KRISHNAKUMAR. J ak Cont. P. No. 1139 of 2023 13.10.2023 4/4