(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mr.A.Rahul, learned counsel appearing for the petitioner and Mr.D.Sivaraman, learned Standing Counsel appearing for the respondents.
2. This contempt petition has been filed alleging willful disobedience of the judgment and order, in W.A.(MD) No.630 of 2014, dated 22.01.2016.
3. The only amount, which according to the petitioner, who is liable to be paid, is interest on the retirement benefits at the rate of 6% per annum.
4. The learned Standing Counsel appearing for the respondents seeks to make a distinction in this case by making a contention that even prior to filing of this contempt petition, except leave salary, all other amounts have been paid in 2013 itself. Therefore, payment of interest does not arise in this case.
5. We do not agree with the submission of the learned Standing Counsel for more than one reason. Firstly, the Judgment passed by the Division Bench, dated 22.01.2016, has attained finality and we, exercising contempt jurisdiction, cannot go behind the order nor act as a Review Court. Secondly, when the Division Bench heard the matter, such a distinction was not sought to be drawn before the Division Bench, though it was an appeal preferred by the respondent - Corporation. Thus, the contention raised by the respondent - Corporation to escape from the liability in paying interest stands rejected. Accordingly, there will be a direction to the respondent - Corporation to pay interest at the rate of 6% per annum on the retirement benefits of the petitioner, within a period of six weeks, from the date of receipt of a copy of this order.
6. The contempt petition is disposed of with the above directions. No costs..