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Madras High CourtSUB A(MD)/126/2021closed

S. Muniyandi, v. Pradeep Yadav, I.A.S.,

2022-08-16Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Sixteenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN in CONT P(MD).No. 64 of 2020 S. Muniyandi, ... Petitioner/ Petitioner Vs 1 Pradeep Yadav, I.A.S., The Secretary to Government, School Education Department, Secretariat, Chennai.

2 Kannappan, The Director of School Education, DPI Compound, Chennai.

3 Manivannan, The Chief Educational Officer, Dindigul District, Dindigul.

4 Murugan, Additional Chief Educational Officer, Sarva Siksha Abhiyan, Dindigul District.

... Respondent/Contemnor Prayer in SUB A(MD). No.126 of 2021:- This Petition filed under Section 151 of C.P.C., praying this Court to reopen the Contempt Petition(MD).No. 64 of 2020 on the file of this Court dated 05-02-2021.

Prayer in CONT P(MD). 64/ 2020 :

Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, praying this Court to punish the Respondents/contemnors for having deliberately violated the order of this Courts dated 01.07.2019 in W.P.(MD)No.18712 of 2014. Prayer in WP(MD). 18712/ 2014 :

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 pay interest at the rate of 1/3

22% per annum on the delayed payment of terminal and retirement benefits of the petitioner within the time frame by this Court. ORDER:- This Sub Application coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. L.Prabhu, Advocate for the Petitioner and of Mr. V. Om Prakash, Government Advocate for the respondents, this Court made the following order: When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents produced a calculation sheet stating that a sum of Rs.88,855/- has been fixed as interest for the administrative delay in respect of the settlement of terminal and pensionary benefits and a sum of Rs.23,366/- has been paid to the petitioner and the remaining amount for a sum of Rs.55,435/- is yet to be paid.

2. The learned counsel for the petitioner also concedes the same and the petitioner is also ready to receive this amount and give a quietus to this matter.

3. In view of the submission made on either side, this Court finds that there is nothing to adjudicate in this matter and hence, this sub application is dismissed giving two (2) months time to the respondents to make remaining payment of Rs.55,435/- (Fifty Five Thousand and Four Thirty Five Rupees only) from today (i.e., 16.08.2022). The amount remaining to be paid will attract interest at 12% p.a., if the same is not paid to the petitioner within the stipulated time. No costs.

Sd/- Assistant Registrar // True Copy // 17/08/2022 Sub Assistant Registrar(CS) To 1 The Secretary to Government, School Education Department, Secretariat, Chennai.

2 The Director of School Education, DPI Compound, Chennai.

3 The Chief Educational Officer, Dindigul District, Dindigul.

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4 The Additional Chief Educational Officer, Sarva Siksha Abhiyan, Dindigul District.

+ 1 CC to Mr. L. Prabhu, Advocate for the Petitioner, Sr. No. 38248 + 1 CC to The Special Government Pleader for respondents, Sr. No. 38394 ORDER DATED : 16/08/2022 ==========================

ORDER

========================== in CONT P(MD).No. 64 of 2020 Giving direction and etc. as stated within.

SE(CO) TR(17.08.2022) 3P 7C 3/3