B.Jothi v. Dr. P.Shankar I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Contempt Petition No.1684 of 2021 B.Jothi, Gandhipuram, Udumalpet Bypass Road, Dharapuram, Tiruppur District ... Petitioner -VsDr.P.Shankar, I.A.S., The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam Buildings, 5th Floor, Esplanade, Chennai - 600 108.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for having contempt of the orders of this Court dated 29.04.2021 passed in W.P.No.10896 of 2021. For Petitioner : Mr.K.Gangadaran For Respondent : Mr.S.K.Bose

ORDER

The petitioner, who is the widow of late N.Balasubramaniyan, who was an employee of the respondent Board, had made a representation seeking for family pension and this Court, in its order passed in W.P.No.10896 of 2021, 1/3

dated 29.04.2021, had directed the respondent to consider the representation within a stipulated time.

2. Today, when the matter was called, the learned counsel for the respondent filed a compliance affidavit dated 18.02.2022, wherein it is stated that since the petitioner had not produced the legal heirship certificate of the deceased employee, they were not in a position to dispose of her representation. The learned counsel further submitted that in case the petitioner produces the legal heirship certificate of the late employee, they are willing to consider her request.

3. In the light of the submission made by the learned counsel for the respondent, this Court is of the view that the disobedience alleged on the part of the respondent is not willful in nature and that the petitioner can be granted liberty to approach the respondent with the legal heirship certificate for disbursement of the family pension.

4. Accordingly, the petitioner herein is granted liberty to give a representation to the respondent, along with a duly attested copy of the legal heirship certificate, seeking for family pension and on receipt of the same, the respondent shall disburse the family pension in favour of the petitioner, within a period of 30 days from the date of receipt of such representation. 2/3

5. With the above liberty, the Contempt Petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/28/02/2022 To The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam Buildings, 5th Floor, Esplanade, Chennai - 600 108.

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