Sub application to reopen a contempt petition closed on compliance of a writ order directing 4% penal interest for belated retirement benefits. The court held the Pension Trust Administrator was not arrayed in the contempt petition and found delay and no merit, dismissing the application.
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
D. KRISHNAKUMAR, J.
This sub application has been filed seeking to reopen Cont. Petn. No.382 of 2023 which was closed vide order dated 02.06.2023.
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
the aforesaid order dated 02.06.2023, this sub application has been filed.
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
respondents to pay interest @ 4% per annum, they were not paid interest and hence, they filed the contempt petition. However, be it noted, in the said contempt petition, the proposed respondent herein, viz. , the Administrator, Pension Trust, who was very much a party in the writ petition, was not arrayed as a party for the reasons best known to the sub applicants and it is not known as to what prevented the sub applicants from arraying the Administrator, Pension Trust as a party in the contempt petition. That apart, the contempt petition was closed only on the basis of the counter affidavit filed by the first respondent Corporation to the effect that the order passed in the writ petition has been complied with. In fact, in the counter affidavit, the first respondent has given the details of payments made to each of the writ petitioners and for the sake of ease of reference, the scanned reproduction of the relevant paragraphs of the first respondent's counter affidavit is as under:
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
In view of the foregoing reasons, this Court finds no merit in this sub application and accordingly, this sub application is dismissed as being devoid of merits.
04.10.2024
cad
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Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
D. KRISHNAKUMAR, J.
cad
Sub Application (OS) No.952 of 2024 in Cont. Petn. No.382 of 2023
04.10.2024
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1 issue framed by the court
Should the contempt petition, closed on recording compliance of the writ order dated 14.03.2022, be reopened on the ground that interest was payable by the Administrator, Pension Trust rather than the
Sub applicants in Sub Application (OS) No.952 of 2024
D. Krishnakumar
As recorded by the court registry
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