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Madras High CourtCONT P/1809/2017closed

L.Alagappan v. B.V.Sudhakar, I.P.O.S.,

2019-03-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN AND THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU Contempt Petition No. 1809 of 2017 L. Alagappan ..Petitioner Vs.

1.

Mr.B.V. Sudhakar I.P.O.S.

Secretary, The Union of India, Department of Posts, Dak Bhavan, New Delhi - 110 001.

2.

Mr.T. Murthy, The Chief Post Master General of Tamil Nadu Circle, Chennai - 600 002.

3.

Ms. Vijayalakshmi The Superintendent of Post Offices, Karaikudi Division, Karaikudi - 630 003.

4.

Ms. Indira The Inspector of Posts, Karaikudi Sub Division, Karaikudi.

..Respondents Prayer:

Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience and flagrant violation of the order dated 24.11.2016 made in W.P. No. 40316 of 2016.

For Petitioner ::

Mr.C. Prabakaran For Respondents ::

Mr.K.S. Jayaganesan Standing Counsel

O R D E R

(Order of the Court was made by K.K. SASIDHARAN,J.) This Court, by order dated 24.11.2016 in W.P. No. 40316 of 2016, directed the respondents to pay to the petitioner ex gratia gratuity in terms of Rule 6(14) of GDS (Conduct and Engagement) Rules within a period of eight weeks.

2.

The learned Standing Counsel for the respondents, by producing a copy of the order dated 21.01.2019 submitted that the order of this Court dated 24.11.2016 has already been complied with.

3.

The learned counsel for the petitioner submitted that the prayer in the original application is to pay service benefits together with gratuity, retirement benefits with all attendant and consequential benefits. Therefore, the order passed by the respondents would not meet the prayer made in the original application. 4.

Eventhough the prayer in the original application is for a larger relief, this Court only directed the respondents to pay ex gratia gratuity to the

petitioner. It is always open to the petitioner to claim the remaining benefits from the respondents in case, he is eligible for such benefits, in accordance with law. 5.

The contempt petition is closed with the above observation.

SD/- ASSISTANT REGISTRAR(COMM.CASES) nv //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

THS/03/04/2019