The petition is filed to punish the respondents for the willful disobedience of the order, dated 05.06.2016, passed by this Court in W.M.P.(MD) No.7899 of 2017 in W.P.(MD) No.10320 of 2017.
2. The petitioner earlier filed a Writ Petition in W.P.(MD) No.10320 of 2017, challenging the charge memo that was issued as against her. This Court, after admitting the Writ Petition, granted stay of all further proceedings, pursuant to the impugned charge memo, dated 25.04.2017. The interim order of stay was also in respect of the order of first respondent in the Writ Petition, appointing an Enquiry Officer pending disposal of the above said Writ Petition. The learned counsel for the petitioner submitted that the disciplinary proceedings was initiated only at the verge of petitioner's retirement and that the respondents have not taken steps to disburse the pensionary benefits to the petitioner, despite, this Court granted an order of interim stay of all further proceedings. The interim order passed by this Court is only to stall the disciplinary proceedings. In other words, the prayer in the petition is to stay all further proceedings, pursuant to the charge memo. This order cannot be construed as one by which, the charge memo itself has been quashed. Hence, the petitioner cannot complain the respondents for not disbursing his pensionary benefits.
3. The learned Special Government Pleader appearing for the third respondent, on instructions, submitted that the disbursement of the pensionary benefits is pending only because of the pendency of the disciplinary proceedings, as the determination of the pensionary benefits depends upon the out come of the disciplinary proceedings initiated as against the petitioner. Therefore, in the said circumstances, this Court finds no merits in this petition. Hence, the contempt petition is dismissed. However, it is open to the petitioner to work out her remedy to get the provisional pension or any other benefits if she is otherwise entitled to and if can be disbursed without reference to the disciplinary proceedings initiated as against the petitioner. No Costs.
To:
The District Elementary Educational Officer, Thoothukudi District, Thoothukudi..