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Madras High CourtCONT P/575/2025closed

R.Ranganathan And Another v. T.K.Prabakaran

2025-04-25Honourable Mr Justice M.S. Ramesh3 pages

CONT.P.No.575 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH CONT.P.No.575 of 2025 1.R.Ranganathan 2.P.Karunagaran Petitioner(s) Vs T.K.Prabakaran, Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thirupathur Region, 6th Floor, A-Block, Collectorate, Thirupathur-635601.

Contemnor(s) Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for committing contempt of Court by disobeying the order of this Court dated 31.01.2023 made in W.P.No.37367 of 2016.

For Petitioner(s): Mr.V.Sanjeevi For Contemnor(s): Mr.S.Ravi, Senior Counsel assisted by Mr.C.Selvaraj, Standing Counsel

ORDER

While allowing the Writ Petition, I had directed the Civil Supplies Corporation to comply with the directions of the authority granting permanent status to the concerned workmen

within a stipulated time. My order was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.2298 of 2023, dated 25.08.2023, in which similar directions were given to the Corporation to comply with the order of the authority. 2.By an order dated 28.10.2024, the petitioners were granted permanent status by the Corporation. However, when certain service and monetary benefits were withheld in terms of the order granting permanent status, the petitioners were of the view that it amounts to wilful disobedience and hence filed the present Contempt Petition. 3.

The learned counsel for the petitioners would submit that when the order passed in the Writ Petition has been confirmed by the Hon'ble Division Bench, as well as the Hon'ble Supreme Court, depriving the petitioners of their rightful service and monetary benefits would amount to a wilful disobedience. He also pointed out to similar orders passed by the Corporation in favour of the workmen who were granted permanent status by the authority and were extended with the service and monetary benefits on par with the regular workmen. 4.Per contra, the learned Senior Counsel appearing on behalf of the Corporation, submitted that the mere fact that they have granted permanent status to the petitioners herein amounts to complying with the order passed by the authority and therefore, the present Contempt Petition cannot be sustained.

He also attempted to justify the terms and conditions in the order granting permanent status.

5.I am of the view that absorbing the petitioners herein and granting them permanent status from the date on which they completed 480 days of service within 24 calender months would amount to compliance of the order of the authority. In case, any service or monetary benefits

have been withheld to them, the same would give rise to a cause of action for the petitioners to challenge the same in the manner known to law and may not, in strict sense, amount to disobedience of the order passed by the Writ Court. In this background, the petitioners are granted liberty to challenge the order of the Corporation dated 28.10.2024. 6.In the light of the above observations and findings, the disobedience alleged against the respondents cannot be termed to be wilful in nature. Accordingly, the Contempt Petition stands closed.

25-04-2025 hvk To T.K.Prabakaran, Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thirupathur Region, 6th Floor, A-Block, Collectorate, Thirupathur-635601.