Petitioners filed a contempt petition for non-compliance of an order in W.P.No.31308 of 2016 regarding pension entailments. The respondent counsel stated compliance. Court closed the petition upon admission of facts without adjudicating merits.
The contained praying relief was withdrawn upon the Court finding compliance with the previous order.
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Cont.P.No.137 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.11.2019
C O R A M
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Cont.P.No.137 of 2019
1.N.Nadanasabapathy
2.P.Kamaraj
3.T.Vanathaiya
4.R.Vijayan
5.M.Krishnan
6.T.Radhakrishnan
7.N.Arumugam
8.R.Vaithiyalingam
9.K.Ilanthamilan
10.R.Narayanasamy
11.E.Gunasekaran
12.K.Navaneethan ... Petitioners
Vs.
Smt.Sivasundaravalli,
The General Manager, [Administration],
Gratuity Trust Fund,
Tamil Nadu Civil Supply Corporation Ltd.,
Head Office, Kilpauk,
Chennai – 600 010. ... Respondent
Prayer: Contempt petition is filed under Section 11 of the
Contempt of Court Act 1971, (i) to punish the respondent
herein for knowingly and intentionally disobeyed the order
passed in W.P.No.31308 of 2016 dated 09.09.2016 by this
Hon'ble High Court, Madras without following the provision
of the Rule 45 A of the Tamil Nadu Pension Rules as amended
from 20.02.1995 and the Gazette Notification No.173 dated
01.04.2004 issued by the department of Finance (Retirement
settlement) as per the order of Government of Tamil Nadu to
pay the 12% annual interest towards the delayed payment of
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Cont.P.No.137 of 2019
unsettled DCRG amounts due to the petitioners 1 to 12 in the interest of justice; (ii) to pass an order for consequential relief by directing the respondent to pay interest at the rate of 12% per annum towards the delayed payment of unsettled DCRG amounts for the left over period of service of the petitioners 1 to 12 from the date of last payment of it to till the date of disbursement of the same to them within stipulated period of time in the interest of justice.
For petitioners : Mr.A.Thamizharasan For Respondents : Mr.L.P.Shanmugasundaram Standing Counsel. ORDER This Court by the order dated 09.09.2016 in W.P.No.31308, has passed the following order:7.Considering the submissions made on either side, this Court directs the respondents to pass appropriate orders on the Form - I application submitted by the petitioners as per the directions given by the first respondent, dated 19.05.2014, within a period of three weeks from the date of receipt of a copy of this order, on merits and in accordance with law.”
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Cont.P.No.137 of 2019
the representations have been considered and orders have been passed on 01.11.2019 and the orders of this Court, have been complied with.
The General Manager, [Administration], Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd., Head Office, Kilpauk, Chennai – 600 010.
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2 issues framed by the court
Whether the impugned order passed in W.P.No.31308 of 2016 was complied with by the petitioner
Whether the contempt petition should be dismissed in view of compliance
2 provisions across 2 enactments
N.Nadanasabapathy & Others
Smt. Sivasundaravalli, The General Manager, [Administration], Gratuity Trust Fund, Tamil Nadu Civil Supply Corporation Ltd.
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
