Madras High Court
R.Krishnasamy vs Dr.K.Gopal on 24 January, 2023
Cont.P.(MD)No.954 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Cont.P.(MD)No.954 of 2021
in
W.A.(MD)No.358 of 2020
R.Krishnasamy ... Petitioner
vs.
1.Dr.K.Gopal, I.A.S.,
The Principal Secretary to the Government,
Rural Development and Panchayatraj Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.Thiru.Parveen P.Nair, I.A.S.,
The Commissioner of Rural Development and
Panchayat Raj, Panagal Building,
Saidapet,
Chennai – 600 015.
3.Shri.D.Jaisankar, I.A. & A.S.,
The Principal Accountant General (A & E),
Tamil Nadu, Teynampet,
Chennai – 6000 18. ... Respondents
Prayer :- Contempt Petition filed under Section 11 of the Contempt of Courts
Act, to punish the respondents herein for their wilful and wanton disobedience of the
orders passed by this Court, in W.A.(MD)No.358 of 2020 under the Contempt of
Courts Act.
https://www.mhc.tn.gov.in/judis
1/6
Cont.P.(MD)No.954 of 2021
For Petitioner : Mr.A.Thirumurthy
For Respondents 1 and 2 : Mr.D.Sasikumar
Additional Government Pleader
For 3rd Respondent : Mr.P.Gunasekaran
ORDER
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
The petitioner herein, who retired as Joint Director of Rural Development
and Panchayat Raj, had a grievance regarding payment of retirement benefits, which
was withheld in view of departmental proceedings under Rule 17(b) of the Tamil
Nadu Civil Services (Discipline and Appeal) Rules.
2. This Court while directing the respondents to pay all the pensionary
benefits, refixing it with effect from 12.10.1998 and 18% interest from 01.04.2008,
disposed of the writ petition filed by the petitioner herein.
3. Against the said order, the State preferred intra court appeal in W.A.
(MD)No.358 of 2020. The Division Bench of this Court partly allowed the said Writ
Appeal on 29.07.2020, by modifying the rate of interest from 18% p.a. to 12% p.a.
While passing that order, it was also made clear that the petitioner is not entitled for
any interest towards encashment of earned and unearned leave. While the petitioner
https://www.mhc.tn.gov.in/judis
Cont.P.(MD)No.954 of 2021
states that the said order has not been fully complied with and interest at the rate of
12% p.a. not paid to him.
4. The State has come forward with the proceedings dated 21.09.2022,
calculating interest at the rate of 12% p.a. and a sum of Rs.4,47,959/- has been
credited into the bank account of the petitioner and referring to the proceedings,
dated 21.09.2022, the learned Additional Government Pleaders states that the
judgment of the Division Bench of this Court has been fully complied with,
calculating the interest at the rate of 12 % p.a. for the principal amount of
Rs.1,71,280/-.
5. The learned counsel appearing for the petitioner states that the net
amount of arrears of pay and other allowances with effect from 12.10.1998 and
difference in earned leave and unearned leave sanctioned works out to Rs.5,40,129/-.
Whereas, the Government has taken into account only Rs.1,71,280/- for calculating
interest at the rate of 12% p.a.
6. When this Court posed a question to the learned counsel for the
petitioner how he has arrived Rs.5,40,129/-, as net amount of arrears payable for
allowance, he is not able to provide breakup. Contrarily, the learned Additional
Government Pleader submits that the said amount includes encashment of earned
https://www.mhc.tn.gov.in/judis
Cont.P.(MD)No.954 of 2021
leave and unearned leave, which does not fall within the scope of granting interest at
the rate of 12% p.a. as per the Division Bench judgment.
7. Since it is a dispute regarding the amount of arrears, upon which, 12%
interest to be calculated, it is suffice to direct the respondents to respond to the
representation given by the petitioner herein, dated 29.09.2022 and to justify fixing
the principal amount at Rs.1,71,280/- and calculating 12% interest. The petitioner is
also at liberty to provide the breakup for his claim of interest on Rs.5,40,129/-, so as
to enable the State to reconcile their account and pass appropriate orders. The State
shall pass appropriate orders within a period of eight weeks from the receipt of
representation from the petitioner.
8. With this direction, this Contempt Petition is closed.
NCC : Yes / No [G.J., J.] [S.M., J.]
Index : Yes / No 24.01.2023
Internet : Yes / No
SMN2
To
1.Dr.K.Gopal, I.A.S.,
The Principal Secretary to the Government,
Rural Development and Panchayatraj Department,
Secretariat, Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
Cont.P.(MD)No.954 of 2021
2.Thiru.Parveen P.Nair, I.A.S.,
The Commissioner of Rural Development and
Panchayat Raj, Panagal Building,
Saidapet,
Chennai – 600 015.
3.Shri.D.Jaisankar, I.A. & A.S.,
The Principal Accountant General (A & E),
Tamil Nadu, Teynampet,
Chennai – 6000 18.
https://www.mhc.tn.gov.in/judis
Cont.P.(MD)No.954 of 2021
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
SMN2
Cont.P.(MD)No.954 of 2021
DATED : 24.01.2023
https://www.mhc.tn.gov.in/judis
