Madras High Court
The Assistant Director vs D.Arumugam on 2 June, 2021
W.A.(MD)No.1053 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1053 of 2021
and
C.M.P.(MD)No.4736 of 2021
The Assistant Director,
Handloom Textiles,
Panchavarna Kovil Street,
Uraiyur, Trichy,
Trichy District. ... Appellant / Respondent
Vs.
D.Arumugam ... Respondent / Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 20.11.2018 in W.P.(MD)No.4608 of 2014 on the file of
this Court and allow this Writ Appeal.
For Appellant : Mr.R.Baskaran
Standing Counsel for Government
For Respondent : Mr.C.Vakeeswaran
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W.A.(MD)No.1053 of 2021
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Baskaran, learned Standing Counsel for the
Government appearing for the appellant and Mr.C.Vakeeswaran, learned
Counsel appearing for the respondent / writ petitioner.
2.With the consent on either side, the writ appeal itself is taken up for
final disposal.
3.This writ appeal is against the order and direction issued in
W.P.(MD)No.4608 of 2014 dated 20.11.2018, in and by which, the learned Writ
Court allowed the writ petition and directed the appellant to calculate the
pension and to pay the arrears to the respondent/ writ petitioner with 7.5%
interest, within a time frame. The appellant did not comply with the order and
therefore, the respondent filed a contempt petition before the learned Single
Judge.
4.When the contempt petition was being heard, the appellant paid the
arrears of pension. However, there appears to be some dispute regarding the
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W.A.(MD)No.1053 of 2021
calculation, which the respondent / writ petitioner has graciously waived.
Before us, Mr.C.Vakeeswaran, learned counsel for the respondent, on
instructions, submitted that his client is also willing to forgo the interest, which
was directed to be paid, because he wants to lead a peaceful retired life. This
submission is made, though the learned Writ Court has issued a notice in the
contempt petition as to why interest has not been paid. On notice being issued,
the appellant has come forward with this writ appeal with a delay of 402 days.
5.Thus considering all these aspects and taking note of the fair stand
taken by the respondent, this writ appeal stands disposed of by recording that
there are no more claims made by the respondent / writ petitioner against the
appellant-department. No costs. Consequently, connected miscellaneous
petition is closed.
[T.S.S., J.] & [S.A.I., J.]
02.06.2021
Index : Yes / No
Internet : Yes / No
RM/rmi
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.
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W.A.(MD)No.1053 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM/rmi
JUDGMENT MADE IN
W.A.(MD)No.1053 of 2021
02.06.2021
https://www.mhc.tn.gov.in/judis/
