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Madras High CourtCONT P/425/2023closed

P.K.Marshal Tito v. S.Renganathan B.E., And Another

2023-03-02Honourable Mr Justice R. Subramanian,Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Contempt Petition No.425 of 2023 P.K.Marshal Tito

...Petitioner

Vs.

1.Mr.S.Renganathan, B.E., The Director, The Institute of Road Transport, 100 Feet Road, Taramani, Chennai - 600 113.

2.Dr.Valli Sathyamoorthy, The Dean, IRT Perundurai Medical College and Hospital, Perundurai, Erode District.

Now re-named as The Director of Medical Education Government Erode Medical College & Hospital, Erode District.

...Respondents

Prayer : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, seeking to punish the respondents herein for wilfully disobeying the order made in W.A.No.1587 of 2018, dated 23.08.2018. For Petitioner : Dr.R.Gouri For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader 1/4

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) It is the grievance of the petitioner that the order in the writ appeal modifying the punishment for stoppage of increment for two years with cumulative effect as one for stoppage of increment without cumulative effect for a period of two years has not been implemented and the amount due has not been paid to the petitioner.

2. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader has produced the proceedings of the respondents showing the calculation as to how the amount due has been arrived at Rs.1,57,244/-, which has been paid to the petitioner by way of cheque.

3. Dr.R.Gouri, learned counsel appearing for the petitioner would contend that the amount paid has not been properly determined and the petitioner is entitled to something more.

4. We do not think we could go into that question in a contempt 2/4

proceeding. If the petitioner is aggrieved by the determination of the amount due to him, it is for him to challenge such determination. It is her complaint that none of the orders regarding determination have been communicated to her.

5. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader would submit that all the required orders and calculation will be furnished through proper channel to the learned counsel for the petitioner. The said exercise shall be completed within a period of one (1) week from today.

6. With the above observation, this contempt petition is closed. Liberty is granted to the petitioner to challenge the calculation, if he is still aggrieved.

(R.S.M.,J.) (K.G.T.,J.) dsa 02.03.2023 Index : No Internet : Yes Speaking order R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI , J.

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dsa Contempt Petition No.425 of 2023 02.03.2023 4/4