Udaiyar, v. R.Jambunathan, I.A. & A.S..,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Cont.P.(MD).Nos.1172 to 1178 of 2018 in W.P.(MD)Nos.12521 to 12527 of 2016 Udaiyar ... Petitioner in Cont.P.(MD).No.1172/2018 Vallinayagam ... Petitioner in Cont.P.(MD).No.1173/2018 Gurusamy Thevar ... Petitioner in Cont.P.(MD).No.114/2018 Arulappan ... Petitioner in Cont.P.(MD).No.1175/2018 Thangapandian ... Petitioner in Cont.P.(MD).No.1176/2018 Visuvasam ... Petitioner in Cont.P.(MD).No.1177/2018 Muthaiah ... Petitioner in Cont.P.(MD).No.1178/2018 Vs.

1.R.Jambunathan, I.A. & A.S., D.A.G., Accountant General (A&E), Pension, No.391, Anna Salai, Chennai.

2.Shilpa Prabhakar Satish, I.A.S., District Collector, Tirunelveli District, Tirunelveli.

3.P.Rajendran, B.Sc., Tahsildar, Sankarankovil Taluk, Sankarankovil, Tirunelveli District.

... Contemnors/Respondents Prayer in Cont P(MD).Nos.1172 to 1178 of 2018 : Contempt Petition filed under Section 11 of the contempt of Courts Act to punish the Contemnors/Respondents for their deliberate and wilful disobedience of the order of this Honourable High Court made in W.P.(MD)No.12521 of 2016 dated 13.07.2017. Prayer in WP(MD).Nos.12521 to 12527 of 2016 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of 1/3

Mandamus, directing the Respondents to sanction the Pensionary benefits to the Petitioner from the date of retirements calculating the Petitioners service from the Petitioner's dated of appointment based on the Petitioners' representations dated 05.01.2016 made to the Respondents.

In all Cont.Petitions For Petitioner :Mr.P.Krishnasamy For R1 :Mr.P.Gunasekaran For R2 and R3 :Mr.D.Muruganandam Additional Government Pleader COMMON ORDER The learned Additional Government Pleader has produced before this Court, the order passed by the Government, vide G.O.(Ms). No.421, dated 11.11.2019, wherein, a direction is given to the effect that the services rendered by the individual petitioner in all these contempt petitions prior to 01.06.1995 should be taken into account for pension calculation and that pension should be granted to them, subject to the outcome of Writ Appeal filed by the Government in respect of one of the petitioners, by name, R.Mariappan and the Review Application filed by the Government. 2.This order is in compliance of the direction of this Court. Even if there is a review or appeal, the petitioners are entitled to the relief as granted to them in the Writ Petitions subject to the out come of Writ Appeal. However, it is made clear that pension shall not be withheld by the Government unless the order of this Court is stayed in appeal or in review.

3.Recording compliance of direction of this Court, these Contempt Petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) cmr 2/3

To 1.The Accountant General (A&E), Pension, No.391, Anna Salai, Chennai.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Sankarankovil Taluk, Sankarankovil, Tirunelveli District.

+1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-98284[F] dated 14/11/2019 ) +1 CC to M/s.GP ( SR-98425[F] dated 14/11/2019 ) Cont.P.(MD).Nos.1172 to 1178 of 2018 13.11.2019 JMN(09.12.2019) 3P : 6C 3/3