Manimegalai v. Rajadurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.191 of 2013 Manimegalai W/o Rathinasamy ..

Petitioner -vsMr.Rajadurai Special Officer E.2709-B, Odaiyur Primary Agricultural Co-operative Bank Ltd., Uluthoor, Thalaikulam Post Chidambaram Taluk Cuddalore District ..

Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for wilful disobedience of the order of this Court dated 22.7.2011 made in W.P.No.13009 of 2003.

For Petitioner ::

Mr.S.Balasubramanian For Respondent ::

Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

Mrs.P.Rajalakshmi, learned Additional Government Pleader for the respondent fairly stated that the petitioner can come and join in the post of Saleswoman, since there is no post of Clerk in the respondent society. In support of her submission, she has also produced a copy of the cadre strength in respect of the respondent society for the loan outstanding from Rs.3 Crores to Rs.5 Crores, which shows that the respondent society has been permitted to have the cadre strength of one Secretary, one Assistant Secretary/Manager, one Senior Clerk/Accountant/Cashier, one

Fertilizer Sales Man/Attender and one Office Assistant/Night Watchman. Therefore, the petitioner can join only as a Saleswoman.

2. Mr.S.Balasubramanian, learned counsel for the petitioner submitted that the petitioner may be permitted to join in the post of Saleswoman for the time being with liberty to workout her remedy/right to secure the post of Clerk, if the cadre strength permits.

3. This Court also, taking note of the stand taken by both parties, directs the petitioner to join in the post of Saleswoman from tomorrow. Liberty is also given to the petitioner to workout her remedy, if the cadre strength permits to the post of Clerk in the respondent society, in the manner known to law. The respondent shall also disburse 25% of backwages to the petitioner, as undertaken by the learned Additional Government Pleader, within a period of two weeks from the date of receipt of a copy of this order. With this observation, the contempt petition stands disposed of and the contemnor is discharged. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Mv/09/07/2019 To The Special Officer E.2709-B, Odaiyur Primary Agricultural Co-operative Bank Ltd., Uluthoor, Thalaikulam Post Chidambaram Taluk Cuddalore District