J.Fernandez v. Thiru Mangatram Sharma Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA CONTEMPT PETITION No.2664 OF 2018 J. Fernandez Petitioner Vs Thiru. MangatRam Sharma, IAS, Secretary to Government Higher Education Department Secretariat Chennai - 600 009 Respondent PRAYER:

Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, praying to punish the respondent for wilful disobedience and non-compliance of order in W.P.No.3047 of 2018 dated 13.02.2018 passed by this Court. For Petitioner : Mr.T. Ranganathan For Respondent : Mr.A.Kumar, A.A.G Assisted By Mr.V.Kadhirvelu (Special Government Pleader)

O R D E R

When the matter is taken up, Mr.A.Kumar, learned Additional Advocate General appearing for the respondent submitted that as per Rule 9 of the Tamil Nadu Pension Rules, 1978, a notice has to be issued before passing the final order, therefore, by following the said provision, a notice was issued to the petitioner on 11.01.2019. It is also further stated that

in case, if the petitioner does not agree with the findings of the Government, then the consultation with the Tamil Nadu Public Service Commission is necessary, hence, in such a situation, the above said process will take some time to comply with the direction of this Court.

2. Learned counsel for the petitioner submitted that within a period of two weeks, the petitioner would submit his reply to the above said notice dated 11.01.2019. Replying to the same, learned Additional Advocate General stated that on receipt of such reply from the petitioner, the respondent would pass final order within a period of four weeks thereafter.

3. Recording the above said submissions of the learned counsel for the petitioner as well as the learned Additional Advocate General for the respondent, the contempt petition is closed. No Costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) vrn/rkm //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. PS/01/02/2019

To The Secretary to Government Higher Education Department Secretariat Chennai - 600 009.