N.C.Subramaniyan v. Thiru.D.K.Sekar,I.A.S And 1 Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.C. Subramaniyan ... Petitioner -vs1. D.K.Sekar, Accounts General (Accounts and Entitlements) Teynampet, Chennai 18.

2. R.Subramanian, The Pension Pay Officer, Pension Pay Office, Chennai 600 006.

... Respondents Prayer:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondents for the willful disobedience of the order dated 21.04.2023 passed in W.P. No. 12185 of 2023 on the file of this Hon'ble Court.

For Petitioner :

Mr. R.Thomas For Respondents :

Ms. Hema Muralikrishnan (for R1) Mr. V.Ravi, (for R2) Special Government Pleader 1/4

O R D E R

Heard Mr. R.Thomas, Learned Counsel for the Petitioner, Ms. Hema Muralikrishnan, Learned Counsel appearing for the First Respondent and Mr. V.Ravi, Learned Special Government Pleader appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Contempt Petition has been filed for non-compliance of the order dated 21.04.2023 passed in W.P. No. 12185 of 2023 on the file of this Court. 3.

In furtherance to the order dated 21.04.2023 in W.P. No. 12185 of 2023 passed by this Court, it is not disputed that Respondents have taken action by sending show cause notice vide Letter in Na.Ka.No. 10770/H1/2023 dated .06/2023 within the time period of 30.06.2023, fixed by this Court. It is only in the event of not taking any action, the question of refund would arise. Since the action has already been taken, the Respondents cannot be said to be at fault. It is made clear that no view has been expressed by the Court on the merits of the controversy involved in the matter.

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In the result, the Contempt Petition is closed. No costs. 20.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.04.2024.

gsa To 1.The Accounts General (Accounts and Entitlements) Teynampet, Chennai 18.

2.The Pension Pay Officer, Pension Pay Office, Chennai 600 006.

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P.D. AUDIKESAVALU, J.

gsa 20.03.2024 4/4