O R D E R

This Contempt Petition has been filed for the non compliance of the order passed in the Writ Petition in W.P.No.8662 of 2012 dated 21.12.2017 and the relevant portion of the order is extracted hereunder:-

"12. In view of the above, the punishment imposed on the petitioner removing him from service vide order dated 8.4.2010 by the Disciplinary Authority, which was confirmed by the Appellate Authority vide order dated 01.02.2011 is set aside and in its place, order of compulsory retirement on the petitioner with effectfrom 08.04.2010 is substituted. It is made clear that the petitioner is entitled to all the consequential benefits which are otherwise admissible on account of compulsory retirement from service imposed on him. The respondents are directed to pass orders in implementing the above direction and grant all attendant benefits to the petitioner, within a period of two months from the date of receipt of copy of this order. No costs. The Writ Petition is ordered accordingly.”

2.The learned counsel for the petitioner submitted that the respondent has committed contempt by not implementing the above direction and to grant of attendant benefits to the petitioner.

3.Learned counsel further submitted that the Office Order dated

30.12.2019 passed by the 2nd respondent amounts to clear case of contempt. For better appreciation, the relevant portion of the order is extracted hereunder:-

“In view of the above stated facts and in compliance of Hon'ble High Court of Madras Order dated 21.12.2017 as stated above, I hereby modify the penalty in Order dated 08.04.2010 to that of “Compulsory Retirement” under Rule 23(f) of General Insurance (CDA) Rules, 1975 on Shri A.Ravindran. It is also ordered that the period during which Shri A.Ravindran was placed under suspension shall be treated as “Period not spent on duty”.

4.The attendant benefits ordered by this Court includes pensionery benefits but the same was not extended to the petitioner which is in violation of the order passed by this Court. The petitioner has filed an additional affidavit dated 06.01.2023. For better appreciation, the relevant portion is extracted hereunder:-

“5.On going through and verifying the typed set and calculations, I submit that the respondents deliberately calculated my legal dues less than my legal eligible entitlement as per law.

(a)My service of 30 years, 8 months and 8 days has been reduced to 29 years, 10 months and 17 days.

(b)My designation has been shown as Assistant instead of Administrative Officer (c)gratuity has been calculated on basic pay without including dearness allowance. It is against Gratuity Act.

Maximum gratuity is Rs.10,00,000/-

(d)Payment of leave salary has been rejected.

(e)LTC has been rejected (f)Employees Welfare Society Contribution has been rejected.

(g)When interest has been calculated on my housing and other loans, till date with consolidate deduction without calculations, the respondent has not paid interest for the delayed payment terminal benefits, gratuity and PF etc., 6.They ought to have paid my benefits during 2019. They have retained the money illegally due to me and hence as per law I am entitled for interest on the payments made. The payment subsistence allowance 1,22,162 and group Scheme Life Insurance of Rs.58,308/- is paid only now. When subsistence allowance has been paid, my entire service of 30 years 8 months and 8 days has to be taken for pensionable service.”

5.Learned counsel further submitted that even the gratuity which was paid to the petitioner is not in accordance with the salary drawn by the petitioner. Hence, he prays that the respondent must be punished for committing contempt for not following the order passed by this Court. 6.Learned counsel for the petitioner further submitted that in regard to the recoveries due from the petitioner, interest was levied by the respondents, but, whereas, for the belated payment of gratuity amount in the year, 2022, which is after 3 years delay of the order passed b