Madras High CourtCONT P(MD)/41/2020closed

K.Ganesan v. Shri D. Jaisankar

2021-10-01Honourable Mr Justice D. Krishnakumar2 pages

Cont.P.(MD) No.41 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR Cont.P.(MD) No.41 of 2020 K.Ganesan ... Petitioner/Petitioner Vs.

Shri D.Jaisankar, The Accountant General (A & E), Anna Salai, Teynampet, Chennai.

... Contemnor/Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for the willful disobedience of the order dated 05.09.2019 passed by this Court in W.P.(MD) No.3161 of 2016.

Prayer in WP(MD). 3161/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to disburse the Death Cum Retirement Gratuity amount of Rs.11412/- payable to the petitioner with interest at the rate of 15% p.a from 1994 to till the date of realization along with compensation of Rs.2,00,000/- and also award cost within a period of time that may be stipulated by this Honble Court. For Petitioner : Mr.S.Siva Ilayaraja For Respondent : Mr.P.Gunasekaran, Standing Counsel.

O R D E R

The present Contempt Petition has been filed alleging non compliance of the order dated 05.09.2019 made in W.P.(MD)No.3161 of 2016.

2.It is brought to the notice of this Court that the petitioner has filed a Writ Petition in W.P.(MD)No.3161 of 2016 before this Court claiming that the petitioner is entitled for the death cum gratuity amount along with interest for the death of his brother viz., Muthuramakrishnan. This Court by order dated 05.09.2019, directed the second respondent to releasing the gratuity amount together with interest to the petitioner. The said order has not been complied with. Hence, the petitioner has filed this Contempt Petition.

3.When the matter taken up for hearing, the learned Standing Counsel appearing for the respondent has produced a copy of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD) No.41 of 2020 proceedings of the Treasury Officer, Thoothukudi, in RC.No.7062/2020/N1, dated 18.11.2020, wherein it is stated that the DCRG authorisation has been returned due to the death of the petitioner viz., Ganesan. The learned standing counsel appearing for the respondent submits that unless any eligible person will claim the DCRG amount, the said amount cannot be disbursed. 4.Recording the statement made by the learned Standing Counsel appearing for the respondent, this Contempt Petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To Shri D.Jaisankar, The Accountant General (A & E), Anna Salai, Teynampet, Chennai.

Cont.P.(MD) No.41 of 2020 01.10.2021 NSN(CO)/RS (18.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2