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Madras High CourtCONT P(MD)/865/2020closed

A.Bose v. Apoorva I.A.S.,

2020-12-16Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Cont.P (MD)Nos.865 to 867 of 2017

1. A.Bose ... Petitioner/ Petitioner in Cont.P.(MD).No.865 of 2020

2. V.Jothivairavan ... Petitioner/ Petitioner in Cont.P.(MD).No.866 of 2020

3. S.Subramanian ... Petitioner/ Petitioner in Cont.P.(MD).No.867 of 2020 Vs.

1. Selvi. Apoorva I.A.S., State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education (K1) Department, Secretariat, Chennai - 9.

2. Mrs.V.S.Vasantha, Registrar,

3. Mr.M.Krishnan, Vice Chancellor, Vice-Chancellor's Office, ... Contemnors /respondents [in all Cont.Petitions] Common Prayer : Contempt Petitions are filed under Section 11 of the Contempt of Court Act, to punish the respondents for the wilful disobedience of the order passed by this Court in W.P(MD) Nos.21751, 21755 and 21760 of 2017 dated 23.01.2019. Prayer in WP(MD). 21751/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus to direct the 2nd respondent to disburse the retirement benefits such as pension, gratuity, computation of pension, leave salary, dearness allowances etc., and all other attendant benefits with an accrued interest thereon for the belated payment of monetary benefits at the rate of 18% within the period that may be stipulated by this Honble Court.

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Prayer in WP(MD). 21755/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus to direct the 2nd respondent to disburse the retirement benefits such as pension, gratuity, computation of pension, leave salary, dearness allowances etc., and all other attendant benefits with an accrued interest thereon for the belated payment of monetary benefits at the rate of 18% within the period that may be stipulated by this Honble Court.

Prayer in WP(MD). 21760/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus to direct the 2nd respondent to disburse the retirement benefits such as pension, gratuity, computation of pension, leave salary, dearness allowances etc., and all other attendant benefits with an accrued interest thereon for the belated payment of monetary benefits at the rate of 18% within the period that may be stipulated by this Honble Court.

For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates [in all Cont.Petitions] For Respondents : Mr.Sricharan Rangarajan Additional Advocate General Assisted by Mr.K.P.Narayanakumar, Spl.Govt.Pleader for R1 [in all Cont.Petitions] Mr.K.Ragatheesh Kumar for M/s.Issac Chambers for R2 [in all Cont.Petitions] C O M M O N O R D E R Alleging disobedience of the order passed by this Court in W.P.(MD).Nos.21751, 21755 and 21760 of 2017, dated 23.01.2019, the present Contempt Petitions have been filed.

2. As per the order of this Court in W.P.(MD).Nos.21751, 21755 and 21760 of 2017, dated 23.01.2019, the first respondent has adjudicated the claims of the petitioners and passed an order.

3. A perusal of the adjudication, dated 14.12.2020, it appears that Mr.A.Bose, Senior Superintendent/the first petitioner is entitled to a sum of Rs.3,22,007/-, Mr.J.Jothivairavan, Attender (Special Grade)/the second petitioner is entitled to a sum of Rs.14,702/- and Mr.S.Subramanian/the third petitioner has no dues. 2/4

4. In this regard, Mr.Sricharan Rangarajan, learned Additional Advocate General appearing for the first respondent submitted that they have sent necessary communication dated 14.12.2020, to the petitioners along with Demand Drafts. Therefore, the order of this Court, dated 23.01.2019, has been duly complied with. However, the learned counsel appearing for the petitioners submitted that the petitioners are entitled for more amount.

5. This Court is of the opinion that as per the order of this Court, dated 23.01.2019, the first respondent has adjudicated the issues of the petitioners and passed the order and the said order also communicated to the petitioners. In case, if there is any grievance, it is for the petitioners to challenge the order of adjudication, subsequent to the order passed by this Court. Therefore, no further order is required in these petitions. Accordingly, these Contempt Petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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

1. Selvi. Apoorva I.A.S., State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education (K1) Department, Secretariat, Chennai - 9.

2. Mrs.V.S.Vasantha, Registrar, 3/4

3. Mr.M.Krishnan, Vice Chancellor, Vice-Chancellor's Office, +1 cc to M/s.Ajmal Associates , Advocate SR.No.26316 +1 cc to M/s.Isaac Chambers, Advocate SR.No.25940 Cont.Petition (MD)Nos.865 to 867 of 2020 16.12.2020 KM (06.01.2021) 4P 6C 4/4