Contempt case judge m s Ramesh j order. Contemnor viz. Thiru.S.Krishnan, I.A.S., Secretary to the Government, Finance (Salaries) Department, is called upon to render his explanation, as to why he should not be punished for his willful disobedience of the orders of the High Court dated 28.11.2019 passed in W.P.(MD) No.25028 of 2019 ? The Contemnor/ Secretary to Government, Finance (Salaries) Department shall give his reply for the same, within a period of fifteen(15) days from today. 9. Post the matter on 18.03.2021.

 

  1. M s ramesh j order

 

The Writ Court, in its order dated 28.11.2019 passed in W.P.(MD) No.25028 of 2019, had taken note of the recommendations of the District Level Empowered Committee, headed by the District Collector and other officials and directed the Secretary of the Government, Finance (Salaries) Department to disburse the eligible amount to the petitioner as per the Tamil Nadu Medical Attendance Rules, based on the recommendations of the District Collector.
2. The District Level Empowered Committee had recommended, through its proposal, dated 26.09.2019, the medical expenses of Rs.1,22,454/- to the petitioner. The petitioner claimed that the first respondent failed to comply with the orders of the Writ Court dated 28.11.2019 and accordingly, the present contempt petition was filed.
3. By way of giving the Contemnor/ Secretary to Government, Finance (Salaries ) Department an opportunity, this Court had directed the Government Advocate to get instructions by an order dated 16.03.2020 and posted the matter on 30.03.2020 for reporting compliance. Thereafter, the contempt petition was adjourned on seven occasions. Ultimately, when the matter was listed on 07.01.2021, it was submitted that the respondents had not chosen to instruct the Government Pleader’s office and in this background, this Court has issued statutory notice for the personal appearance of the Secretary to the Government, Finance (Salaries) Department returnable on 18.02.2021.

4. Today, when the matter was called, the Contemnor/ Secretary to Government, Finance (Salaries) Department, had neither chosen to appear before this Court, either physically or virtually, nor any application was made to dispense with his appearance. On the other hand, the learned Additional Government Pleader produced a copy of the Government Order in G.O.(D).No.4, Finance (Salaries) Department, dated 19.01.2021 and submitted that the order of the Writ Court dated 28.11.2019 has been complied with.

5. A perusal of the Government order in G.O.(D).No.4, Finance (Salaries) Department, dated 19.01.2021 reveals that the Government had once again re-appraised the merits of the petitioner’s claim, without reference to the recommendations of the District Level Empowered Committee or the directions of this Court passed in W.P.(MD) No.25028 of 2019, which specifically directed the Contemnor/ Secretary to Government, Finance (Salaries) Department, to disburse the medical expenses, in the light of the proposal of the District Level Empowered Committee headed by the Collector. Further, the Government Order reads to the effect that the petitioner may not be entitled for the claim made by her on certain heads and had ultimately derived the eligible amount at Rs.2,570/-, as against the recommendation of the District Level Empowered Committee at Rs.1,22,454/-

6. On a prima facie view, the Contemnor/ Secretary to Government, Finance (Salaries) Department has willfully disobeyed the order of this Court on two counts. Firstly, the Contemnor/ Secretary to Government, Finance (Salaries) Department has not complied with the Statutory Notice issued by this Court on 07.01.2021, which notice has been duly received by the first respondent on 01.02.2021. Secondly, the orders of the Writ Court passed in W.P.(MD) No.25028 of 2019 has been wilfully disobeyed through passing of the G.O.(D).No.4, Finance (Salaries) Department, dated 19.01.2021, whereby the order in the Writ Petition has been re-appraised and contrary conclusions have been arrived at, with regard to the petitioner’s entitlement of the medical claim. Above all, this Court was constrained to adjourn the contempt petition on eight occasions, owing to the in-action on the part of the Contemnor/ Secretary to Government, Finance (Salaries) Department, in failing to instruct the Government Pleader’s office in time. All these callous and careless attitude in dealing with the order of the High Court shows the utter disregard the Contemnor/ Secretary to Government, Finance (Salaries) Department has, to the sanctity of Law.
7. In this background, the Contemnor viz. Thiru.S.Krishnan, I.A.S., Secretary to the Government, Finance (Salaries) Department, is called upon to render his explanation, as to why he should not be punished for his willful disobedience of the orders of the High Court dated 28.11.2019 passed in W.P.(MD) No.25028 of 2019 ? The Contemnor/ Secretary to Government, Finance (Salaries) Department shall give his reply for the same, within a period of fifteen(15) days from today.
9. Post the matter on 18.03.2021.

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