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Madras High CourtCONT P/2117/2017closed

N.Vasantha v. Thiru.Atulya Misra, I.A.S.

2018-04-13Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2018 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Cont.P.No.2117 of 2017 N.Vasantha ... Petitioner Vs.

1. Thiru.Atulya Misra, I.A.S., Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-9.

2. Dr.N.Krishna Kumar, I.F.S., Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.

3. Mrs.C.Vidhya, I.F.S., Wild Life Warder, Nagapattinam District, Nagapattinam.

4. Mr.Arun Goyal, I.A. & A.S., Accountant General of Tami Nadu, DMS Compound, Teynampet, Chennai-18.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971 seeking to punish the respondents for wilful disobedience of the order passed by this Court in W.P.No.32506 of 2016, dated 19.09.2016. For Petitioner : Mr.K.Jenitha For respondents : Mr.R.Bala Ramesh, Spl GP (F)

ORDER

The petitioner had filed the writ petition in W.P.No.32506 of 2016 seeking to direct the respondents to count half of the service rendered by her prior to her regularisation for the purpose of grant of pensionary benefits.

2.This Court by a common order dated 19.09.2016 in W.P.Nos.32505 of 32514 of 2016 has allowed the writ petition filed by the petitioner. The relevant portion order dated 19.09.2016 reads as follows_ "3.It is admitted on both sides that the issue raised in these writ petitions is covered by the decision of this Court made in W.P.No.8205 of 2011, dated 19.04.2011 and W.P.No.13832 of 2011, dated 29.06.2011. Both these orders were confirmed by the Division Bench in W.A.Nos.27 and 28 of 2012 by a Common Judgment dated 13.02.2012. The Special Leave Petitions filed by the State against these judgments in SLP (Civil) Nos.14838 and 14839 of 2012 were also dismissed on 10.05.2012.

4.Therefore, the Writ Petitions are allowed on the same lines as the above writ petitions were allowed. The orders shall be implemented within a period of

twelve weeks from the date of receipt of a copy of this order. No costs."

3.Alleging non-compliance of the said order of this Court, the present contempt petition has been filed by the petitioner.

4.Today, when the matter is taken up for consideration, the learned Special Government Pleader (Forest), submitted that the order of this Court has been duly complied with by the respondents and he has also produced a copy of the order passed by the 1st respondent dated 21.06.2017.

5.Since the order of this Court has been complied with, nothing survives in this contempt petition and accordingly, the same is closed.

SD/ ASSISTANT REGISTRAR(Comm.Cases) ssv //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/10/05/2018.

One CC to Government Pleader, SR.6115.

To.

1. The Secretary to Government, Environment and Forest Department, Chennai -9.

2. Principal Chief Conservator of Forests, Panagal Building, Saidapet, chennai -5.

3. Wild life warders, Nagapattinam District, Nagapattinam.

4. The Accountant General of Tamil Nadu, DMS compound, Teynampet, Chennai -18.