V. Jeyarajan v. Samayamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.17699 of 2021 V.Jeyarajan ... Petitioner Vs.

1.Samayamoorthy, State of Tamil Nadu, Rep. by its Secretary, Agriculture Department / Agriculture Production Commissioner, Secretariat, Chennai.

2.A.Annadurai I.A.S., Director of Agriculture, Chepauk, Chennai - 600 005.

3.P.Shailas, Joint Director of Agriculture, Ramanathapuram, Ramanathapuram District.

... Respondents 1/4

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for willful deliberate and disobedience of the order passed by this Court W.P.(MD)No.17699 of 2021 dated 29.09.2021.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader.

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2.The petitioner was employed as Assistant Director in Agriculture Department. He was visited with punishment of compulsory retirement on 12.11.2018. All that the petitioner wants is the settlement of terminal benefits. With that relief, he filed W.P.(MD)No.17699 of 2021. The writ petition was disposed of on 29.09.2021 after recording the submission of the learned counsel for the State that final order will be passed on the petitioner's application within a period of twelve weeks. Even though 2/4

more than one year has elapsed from the said date, no order has been filed. That led to the filling of this contempt petition. 3.The benefits payable to a retired employee ought to be paid within three months. That is statutory requirement. Here is a case where the petitioner retired wayback in November 2018 and full four years have lapsed.

4.Mrs.Saraswathi, Joint Director of Agriculture, Ramanathapuram, Ramanathapuram District is present in person and she states that necessary proposal has already been sent to the Government and the file is presently pending in the Law Department. It appears that the Finance Department has already cleared the proposal. Thereafter, TNPSC has to offer its opinion and final order has to be passed by the first respondent. Thereafter, disbursement has to take place. Considering the special facts and circumstances of the case, I direct that the entire exercise should be competed within a period of eight weeks from the date of receipt of a copy of this order.

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G.R.SWAMINATHAN, J.

ias 5.With this direction, this contempt petition is closed. 18.11.2022 Index : Yes/No Internet : Yes/No ias Note: Issue order copy on 21.11.2022 To:- 1.The Secretary, Agriculture Department / Agriculture Production Commissioner, Secretariat, Chennai.

2.The Director of Agriculture, Chepauk, Chennai - 600 005.

3.The Joint Director of Agriculture, Ramanathapuram, Ramanathapuram District.

4.Law Secretary, Government of Tamil Nadu, Chennai. in W.P.(MD)No.17699 of 2021 4/4