High Court · 2025

CONT P(MD) NO. 978 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-07-2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMEDCONT P(MD) NO. 978 of 2025M.ThirumeniS/o.Muthusamy, No.105, Chinnakumulai, Papanadu Post, Orathanadu Taluk, Thanjavur District. Petitioner Vs1. Dheeraj Kumar IASAdditional Chief Secretary to Government, Home (Po1.VI) Department, Secretariat, Chennai - 600 009.2. Govind Mohan, IASPrincipal Secretary to Government,Home (Po1.VI) Department,Secretariat, Chennai - 600 009.3. Shankar Jiwal, IPSDirector General of Police,Tamil Nadu,Chennai - 600 004.4. Ziaul Haque, IPSDeputy Inspector General of Police,Trichy Range, Trichy,(i/c) Thanjavur Range,Thanjavur.5. R.Rajaram, TPSSuperintendent of Police,District Police Office,Thanjavur. Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for their wilful disobedience of the order dated 26.03.2024 passed by this Court in W.P.(MD) No.18196 of 2020. https://www.mhc.tn.gov.in/judis For Petitioner Mr.S.VenkatesanFor Respondents: Mr.Veerakathiravan Additional Advocate General assisted byMr.F.DeepakSpecial Government Pleader ORDERThis Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the order of the Writ Court passed in W.P(MD) No.18196 of 2020, dated 26.03.2024. 2.Heard Mr.S.Venkatesan, learned counsel for the petitioner and Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents.3.This Court, vide order dated 18.07.2025, had passed the following order:-“This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.18196 of 2020, dated 26.03.2024. 2.Heard Mr.S.Venkatesan, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents.3.The Hon'ble Writ Court, vide judgment and order dated 26.03.2024, had disposed of the aforesaid writ petition with the following directions:-“23. In the light of the above, this Court is of the considered view that the disciplinary proceedings initiated against the petitioner resulting in imposing the punishment of dismissal from service are liable to be quashed and accordingly, the impugned orders passed by the respondents are quashed. The period of suspension shall be treated “leave” for which the petitioner may be entitled to. The respondents are further directed to settle the terminal benefits of the petitioner from the date of superannuation, i.e., https://www.mhc.tn.gov.in/judis

30.06.2013 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. 24. In the result, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. ” 4.Thereafter, this Court, vide order dated 28.04.2025, had passed the following order:-“This matter is being coming up for reporting compliance. 2. Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondents, submitted that the process is already on for release of the amount due in favour of the petitioner and seeks four weeks time for reporting compliance. 3. Hence, list the matter on 09.06.2025 for reporting compliance. ”5.The learned counsel for the petitioner submits that the petitioner is retired from service on 30.06.2013 and despite the judgment and order passed by the Writ Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024 and the order passed by the Co-ordinate Bench of this Court, dated 28.04.2025, in Cont.P.(MD) No.978 of 2025, the respondents have paid the amounts towards GPF Final Withdrawal, TLS and DCRG in the account of the petitioner and insofar as the amounts towards SPF Scheme 1984, SPF-Scheme 2000, CVP and Pension are concerned, the respondents have not paid the same so far to the petitioner. Thus, he submits that the respondents have partly complied with the judgment and order passed by the Writ Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024 and have not made full compliance of the order of the Writ Court, dated 26.03.2024. Thus, he submits that the respondents have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 26.03.2024 and 28.04.2025. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 6.Today, when the matter is taken up, Mr.F.Deepak, learned Special Government Pleader for the respondents, on instructions, submits that the respondents have credited the amounts towards GPF Final Withdrawal, TLS and DCRG in the account of the petitioner and insofar as the amounts towards SPF Scheme 1984, SPF-Scheme https://www.mhc.tn.gov.in/judis 2000, CVP and Pension are concerned, he has no instructions as to whether it was paid or not to the petitioner. In this regard, he has produced a copy of the order passed by the fifth respondent/the Superintendent of Police, District Police Office, Thanjavur, dated 06.06.2025, in which it has been stated that some amounts have been paid to the petitioner and the petitioner's pension proposal was also sent to the Principal Accountant General (A&E), Chennai for the sanction of pension, Gratuity and Commutation. In paragraph No.5 of the order dated 06.06.2025, the aforesaid fact has been clearly stated, which reads as under:-“ 5) It is submitted that, in compliance to the High Court directions the following pensionary benefits were settled and his pension proposal were sent to the Principal Accountant General (A&E), Chennai for the sanction of pension, Gratuity and Commutation and is awaited necessary follow up action is being taken to get orders early.S.NoPensionary BenefitsAmountBill No.& DateRemarks1GPF Final Withdrawal Rs.1,41,330GPF.No.2238/2013-14Cashed on 21.10.232SPF Scheme 1984 Rs.32,729M.Bill.No.05/2025-26Cashed on 29.04.20253SPF-Scheme 2000 Rs.15,874M.Bill.No.06/2025-26Cashed on 29.04.2025TLSRs.80,857S.Bill.No.118/2025-26Cashed on 28.05.20255DCRGRs.3,74,693Pension Proposal sent to A.G. Chennai on 26.04.2025. Admissibility report awaited from AG, Chennai6CVP Rs.2,14,4657PensionRs.6,405 https://www.mhc.tn.gov.in/judis

7.A copy of the order dated 06.06.2025 passed by the fifth respondent, has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. 8.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the judgment and order made in W.P.(MD) No.18196 of 2020, dated 26.03.2024 and the order passed by the Co-ordinate Bench of this Court, dated 28.04.2025, in Cont.P.(MD) No.978 of 2025 and also the order dated 06.06.2025 passed by the fifth respondent especially paragraph No.5 of the order dated 06.06.2025 and considering the fact that the petitioner was granted only the amounts towards GPF Final Withdrawal, TLS and DCRG, the fifth respondent/Superintendent of Police, District Police Office, Thanjavur, is directed to file a personal affidavit to justify his conduct and the defects of payment made to the petitioner and to justify as to why the judgment and order dated 26.03.2024, is not fully complied with and why contempt proceedings should not be initiated as against him, in spite of a clear cut direction given by the Writ Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024 and the Co-ordinate Bench of this Court, dated 28.04.2025, in Cont.P.(MD) No.978 of 2025 and in spite of the fact that the petitioner has already been retired from service on 30.06.2023.9.Put up this case 'for orders' on 22.07.2025 before this Court. Let a copy of this order be issued to Mr.F.Deepak, learned Special Government Pleader for the respondents for its necessary compliance and information.”4.Today, when the matter is taken up, Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents informs this Court that in compliance of the order dated 18.07.2025, the fifth respondent, namely, R.Rajaram, TPS, Superintendent of Police, Thanjavur District, Thanjavur, is present in person before this Court today and has filed an affidavit of compliance of the fifth respondent along with https://www.mhc.tn.gov.in/judis payment details, in which it has been stated that the direction issued by the Writ Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024, as well as this Court in Cont.P.(MD) No.978 of 2025, dated 18.07.2025, has been complied with and all the monetary benefits have been settled to the petitioner through ECS except the arrears of pension and CVP, which are to be settled by the Treasury authorities. 5.It was further submitted that the entire papers regarding payment of arrears of pension and CVP have already been forwarded to the Accounts Section, from where, it has to be transferred to the Treasury Department for disbursement of amount to the petitioner. Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents further assures this Court that the amount will be credited in the account of the petitioner in accordance with law within three weeks from today, without fail and the petitioner is now receiving the pension regularly without any default. 6.In paragraph No.11 of the compliance affidavit, the aforesaid fact has been clearly stated, which reads as under:-“ 11) It is respectfully submitted that, all the terminal benefits have been settled to the petitioner through ECS as detailed above except the pension and CVP which are to be settled by the Treasury authorities. The Sub-Treasury Officer, Orathanadu has informed that the above said two balance amounts will be settled within a week. We are closely monitoring to settle the benefits at the earliest possible and assure that the amount will be settled within couple of days positively.”7.A copy of the compliance affidavit filed by the fifth respondent has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis

8.Thus, the learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order of the Hon'ble Writ Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024 as well as the directions issued by this Court in Cont.P.(MD) No.978 of 2025, dated 18.07.2025, has been complied with by the respondents and the present Contempt Petition may also be disposed of, accordingly. 9.Mr.R.Rajaram, TPS, Superintendent of Police, Thanjavur District, Thanjavur, who is present in person before this Court today, also submits that the entire papers regarding payment of arrears of pension and CVP have already been forwarded to the Accounts Section and it is for the Treasury Department to settle the amount to the petitioner and the same will be credited in the account of the petitioner in accordance with law within three weeks from today, without fail. Thus, he prays this Court that his personal appearance may be dispensed with.10.Mr.S.Venkatesan, learned counsel for the petitioner, submits that he has received a copy of the compliance affidavit of the fifth respondent along with payment details and has no objection, if the respondents are discharged from the present contempt proceedings at this stage, as the judgment and order of the Writ Court dated 26.03.2024 and the directions of this Court, dated 18.07.2025 has been complied with by the respondents and the present Contempt Petition may also be disposed of at this stage, accordingly. It was further submitted that a positive direction may be given to the respondents to grant arrears of pension and CVP payable to the petitioner within the time frame fixed by this Court, as assured by Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents. https://www.mhc.tn.gov.in/judis

11.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order of the Writ Court passed in W.P.(MD) No.18196 of 2020, dated 26.03.2024 as well as the directions of this Court, dated 18.07.2025 in Cont.P.(MD) No.978 of 2025 and after perusal of the compliance affidavit filed by the fifth respondent and as per the assurance given by Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents that the amount towards arrears of pension and CVP will be paid in the account of the petitioner in accordance with law within three weeks from today, without fail, this Court satisfied that the direction issued by this Court in W.P.(MD) No.18196 of 2020, dated 26.03.2024 as well as this Court dated 18.07.2025 in Cont.P.(MD) No.978 of 2025 has been complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents at this stage. 12.Accordingly, the Contempt Petition is finally disposed of at this stage and the respondents are discharged from the present contempt proceedings at this stage. It is made clear that the respondents shall credit the amount towards arrears of pension and CVP in the account of the petitioner in accordance with law within three weeks from today, without any further delay. The file is consigned to record. No costs.22-07-2025mmTo1. Dheeraj Kumar IASAdditional Chief Secretary to Government, Home (Po1.VI) Department, Secretariat, Chennai - 600 009. https://www.mhc.tn.gov.in/judis

2. Govind Mohan, IASPrincipal Secretary to Government,Home (Po1.VI) Department,Secretariat, Chennai - 600 009.3. Shankar Jiwal, IPSDirector General of Police,Tamil Nadu,Chennai - 600 004.4. Ziaul Haque, IPSDeputy Inspector General of Police,Trichy Range, Trichy,(i/c) Thanjavur Range,Thanjavur.5. R.Rajaram, TPSSuperintendent of Police,District Police Office,Thanjavur. https://www.mhc.tn.gov.in/judis SHAMIM AHMED, J.mmCONT.P(MD) No.978 of 202522.07.2025