I have represented Tamil Nadu Electricity Board requesting Pro-rata pension for which I have worked for 17 years. But TNEB has not responded. Then I file WP in HC, request to direct TNEB to respond to my representation. HC directed TNEB, to clear the representation within 3 months as per the Act & Rules. But TNEB did not respond. Then I filed a contempt of court. But due to COVID. 19, contempt of Court case been numbered, but not sent to TNEB. Meanwhile, after 7 months of the WP judgement, TNEB has sent me a letter stating that “As per HC judgement, it is under consideration by TNEB, & will be informed soon”. My question is:
Whether the Tamil Nadu Electricity Board is in the process of giving Pro-rata pension to me? Whether I have to inform to my Lawyer about this communication? What will my lawyer proceed? What about my Contempt of court case? Whether I have to contact the Tamil Nadu Electricity Board? Please advise.
The High Court had ordered the Tamil Nadu Electricity Board to decide your representation within three months from the date of receiving of the certified copy of the judgement. But the Tamil Nadu Electricity Board has flaunted the judgement of the High Court and did not decide your representation within three months. It has committed the contempt of the court. You have rightly filed a petition before the high court under Section 12 of The Contempt of the Courts act.
The intimation letter of the Tamil Nadu Electricity Board after seven months of the judgement has no relevance. It has committed the Contempt of the court and trying to absolve itself from contempt proceeding. The TNEB has no notice that you have filed the contempt petition because your petition is pending at the admission stage.
The respondent has committed the offence just after expiry of the three months period. Any communication afterwards does not give him any benefit. Therefore, you should pursue your contempt petition and try that the court may issue a notice to the TNEB for filing of the compliance report.
File a listing application
During the lockdown, your petition has not been heard by the High Court thus you should file a listing application. You should convince the court that your case is urgent and needs early hearing. Thereafter the court will fix a date for the listing of your case.
If the court satisfies that the respondent has committed the contempt then it will issue a notice and fix a date. Thereafter the TNEB will file the status report and satisfy the court that it has not committed any wilful disobedience.
The letter shows that your representation is under consideration
The letter of Tamil Nadu Electricity Board shows that your representation is still under consideration. After the expiration of seven months, your representation has not been decided. This act of the electricity board proves that it has floated the judgement of the High Court. Therefore, you should not wait for the final decision on your representation. You should pursue your case to issue a notice from the High Court. The TNEB will decide your representation as early as possible after receiving the court’s notice.
Not necessary to contact the electricity board.
You have already filed a contempt petition so it is not necessary for you to contact the electricity board. What is the need to get further information about your pending representation? The electricity board was duty-bound to decide your representation within three months.
It has not decided your representation, therefore, it has committed the contempt of the court. Now it will satisfy the court that it has not committed willful disobedience. Let the High Court issued a notice to the electricity board. It is meaningless to contact him personally.
