B.Gayathri, v. K.Vijayendra Pandian And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Contempt Petition No. 1982 of 2024 B. Gayathri ... Petitioner Vs.

1.K. Vijayendra Pandian, IAS, The Director of Treasuries, Directorate of Treasuries and Accounts, Chennai - 600 005.

2.A.P. Mahabharathi I/c., The Joint Director of Treasuries, (Administration) Directorate of Treasuries and Accounts, Chennai - 600 035.

3.S. Sasikala, The District Treasury Officer, Erode.

... Respondents Contempt Petition is filed under Sections 11 & 12 of the Contempt of Courts Act, to punish the respondents under Sections 11 & 12 of the Contempt of Courts Act for disobeying the lawful orders of this Court in W.P. No. 11849 of 2019 dated 15.09.2023.

For Petitioner : Mr. M. Ravi For Respondents : Mr. P. Kumaresan, Assisted by Ms. S. Anitha, Special Government Pleader

O R D E R

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This Contempt Petition has been filed complaining wilful disobedience of the respondents in implementing the order dated 15.09.2023 in W.P. No. 11849 of 2019.

2. While allowing the said writ petition, this Court directed the respondents to issue necessary proceedings on the terminal benefits to be paid to the petitioner within a period of twelve weeks from the date of receipt of copy of that order. If the proceedings are not issued within the time stipulated, the respondents are directed to pay interest at 12% on the DCRG amount which is payable to the petitioner. The Court also directed the respondents to consider and take decision against the application submitted by the petitioner for compassionate employment.

3. Learned counsel for the petitioner submits that the order of the Court is complied with partially, it has to be treated that the order is not complied with true letter and spirit.

4. On the other hand, the learned counsel appearing for the respondents submit that in compliance of the order dated 15.09.2023 of this Court, the third respondent has issued proceedings on 02.08.2024 by 2/4

considering the fact that the proceedings were issued beyond the time stipulated by the Court, the respondents paid 12% interest on DCRG amount to Rs.16,178/-. With regard to the compassionate employment, the learned counsel for the respondents submit that while disposing the writ petition itself, the Court made it clear that the discretion is entirely vested with the respondents to take any decision with respect to the compassionate employment. A compliance report also has been filed.

5. Having heard the submissions of the respective counsel and on careful perusal of the compliance report filed on behalf of the respondents, this Court is of the considered opinion that the order dated 15.09.2023 of this Court has been complied with by the respondents.

6. In the considered opinion of this Court, no further adjudication is required in this contempt case and accordingly, this Contempt Petition is dismissed.

27.08.2024 Index :Yes/No AT 3/4

BATTU DEVANAND,J.

AT Contempt Petition No. 1982 of 2024 27.08.2024 4/4