S. JESURETNAM(DEAD) Vs. STATE OF TAMIL NADU REP. BY PRABHAKARA RAO, PRINCIPAL SECRETARY TO GOVT

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4982 of 2016, Judgment Date: May 09, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4982 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 10152 OF 2016]

S. JESURETNAM(DEAD) THROUGH LRs                                 Appellant(s)

                                VERSUS

STATE OF TAMIL NADU REP. BY PRABHAKARA RAO,
PRINCIPAL SECRETARY TO GOVT.                                   Respondent(s)

                               J U D G M E N T
KURIAN, J.
1.    Leave granted.
2.    On 04.04.2016, this Court passed an order,  the  relevant  portion  of
which is extracted below :-
      "........
      Having heard the learned counsel for both the  sides  for  quite  some
time, we are of the opinion that the order passed by  the  respondent-State,
which gave rise to the contempt dated 12.09.2014, is not in  due  compliance
of the Judgment of this Court dated 07.02.2013 in SLP (C) 19016 of 2008.
Therefore, the order passed by the respondent-State dated 12.09.2014 is  set
aside.
      The Principal Secretary to the Government  of  Tamil  Nadu  (Transport
Department) is directed to pass fresh order  in  proper  compliance  of  the
order of this Court dated 07.02.2013 in SLP (C) 19016 of 2008 and produce  a
copy of the order before this Court within four weeks from today."
3.    The learned counsel for the State has produced a  copy  of  the  order
passed by the Government on 06.05.2016 in  compliance  of  our  order  dated
04.04.2016.
4.    Therefore, this appeal is disposed of,  directing  the  respondent  to
distribute the benefits flowing out of  the  order  dated  06.05.2016  along
with arrears to the appellants within a period of six weeks from today.
5.    We make it clear that in case the  benefits  are  not  distributed  as
above, the appellants shall be entitled to interest at the rate of 18%  from
the date of superannuation (of the deceased appellant)  and  the  officer(s)
responsible for the delay shall be personally liable for the same.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      May 09, 2016.