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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

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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.