Madras High Court
N.Rajendran @ Abdul Rahaman vs S.K.Prabhakaran on 21 April, 2022
Cont.P.No.326/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Cont.P.No.326/2022
N.Rajendran @ Abdul Rahaman .. Petitioner
Vs.
S.K.Prabhakaran, I.A.S.,
Home Secretary to Govt. of Tamilnadu,
Home (Police-II) Department,
The Secretariat, Chennai– 09. .. Respondent
Prayer:- Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971, to punish the respondent herein for having disobeyed the
order dated 29.06.2021 passed in W.P.No.2562/2021.
For Petitioner : Mr.K.Ravi Anantha Padmanaban
For Respondent : Mr.V.Jeevagiridharan
Additional Government Pleader
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Cont.P.No.326/2022
ORDER
This Contempt Petition is filed alleging violation of the direction
passed by this Court in W.P.No.2562/2021 dated 29.06.2021.
2.Learned counsel appearing for the respondent after taking time to
get instructions regarding compliance, has produced before this Court the
communication dated 14.04.2022 which he had received from the
respondent.
3.In paragraphs 4 and 5 of the letter addressed to the Government
Pleader it is stated as follows:
“The petitioner is seeking for monetary benefit of
Earned leave. As per Tamil Nadu Leave Rules 28A, on
retirement of service, a Government Servant is eligible for
salary of 240 days of Earned leave. In this regard, it is
submitted that, he is having 240 days of Earned leave at his
leave account. But, he was placed under suspension from
27.03.2010 and not allowed to retire from service on
31.08.2016 AN. This benefit will be given to him only after
disposal of the criminal case pending against him and after
the disposal of PR 126/2015 u/r 17(b) (Tiruppur City).
After the disposal of the above PR, his suspension period
has to be in the above leave. Further it is submitted that, in
the judgment order 1st cited, there is no instruction
regarding payment of Earned leave. Hence it is not feasible
to give monetary benefit of Earned leave to the petitioner.
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Cont.P.No.326/2022
2.As per G.O.Ms.No.488, Finance dated
12.08.1996, a Government Servant is eligible to draw 90
days of full salary. In this regard, it is submitted that, the
petitioner is having 180 days of unearned leave on private
affairs. As per G.O. he is eligible to draw 90 days of full
salary. Hence, as per this office S.Bill No.06/22-23, 90
days of Full salary Rs.1,36,542/- was drawn and paid to
him. The SG pay for the month of 12/2015 to 8/2016 and
GPF contribution was also paid to him. As per the
judgment 1st cited, all eligible benefits were drawn and
paid to him. Hence, it is requested to close the contempt
petition No.326/2022 in W.P.No.2562/2021.”
4.Learned counsel for the petitioner after seeing the contents of the
communication dated 14.04.2022 has conceded that Contempt Petition can
be closed.
5.Since, the petitioner's grievance is now addressed and he has
received the amount in accordance with the direction of this Court, this
Court is of the view that the Contempt Petition may be closed.
6.Accordingly, the Contempt Petition is closed. If the petitioner has
any dispute with regard to quantum, it is open to him to pursue.
.
21.04.2022
cda
Internet : Yes
https://www.mhc.tn.gov.in/judis
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Cont.P.No.326/2022
S.S.SUNDAR, J.,
cda
To
S.K.Prabhakaran, I.A.S.,
Home Secretary to Govt. of Tamilnadu,
Home (Police-II) Department,
The Secretariat, Chennai– 09.
Cont.P.No.326/2022
21.04.2022
https://www.mhc.tn.gov.in/judis
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