E.Venkatesan v. A.V.Ravi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Cont.P.No.2581 of 2015 and Sub.A.No.165 of 2016 E.Venkatesan ... Petitioner
Versus
1. Thiru A.V.Ravi Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited., No.144, Anna Salai, Chennai - 600 002.
2. Thiru R.Somanathan, Superintending Engineer (P & A) North Chennai Thermal Power Station/Stage-I TANGEDCO, Chennai - 120.
...Respondents
Contempt Petition filed under Section 11 of the Contempt of Court act to punish the respondents for their wilful disobedience in implementing the order of the Hon'ble High Court passed in M.P.No.2 of 2015, in W.P.No.33353 of 2015 dated 14.10.2015.
For petitioner : Mr.S.N.Ravichandran For Respondents : Mrs.R.Varalakshmi
O R D E R
The petitioner, aggrieved by the non compliance of the interim order dated 14.10.2015 made in M.P.No.2 of 2015 in W.P.No.33353 of 2015, in and by which, this Court has granted interim order of status quo, has filed this contempt petition.
2. It is represented that the writ petition along with W.P.No.33352 of 2015 filed by another person viz., E.Balachandar came to be dismissed on 08.01.2016 and the petitioner made a challenge by filing W.A.No.119 of 2016 and in the light of the undertaking given by the learned Standing Counsel appearing for TANGEDCO that posting orders will be issued on 16.02.2016, the Division Bench has directed the petitioner to join duty. Accordingly, posting orders were given on 20.02.2016 and the petitioner has joined the duty on 22.02.2016. The grievance now expressed by the petitioner is that from the date of transfer order on 12.10.2015 till joining duty on 26.02.2016, he has not been paid with salary and prays for appropriate orders.
3. Per contra, the learned counsel appearing for the contemnor would submit that in the light of the order, dismissing the writ petition coupled with the order passed in W.A.No.119 of 2016, the petitioner was permitted to join duty and accordingly he joined duty on 22.02.2016 and since he availed medical leave, he is yet to submit fitness
certificate and as and when the certificate is given, necessary orders will be passed as to the payment of salary for the said period.
4. In the light of the said submission made by the learned counsel appearing for the respondent/contemnor, on instructions, the petitioner is permitted to submit a representation by enclosing the relevant documents for regularisation of the said period and also for payment of salary, within a period of one week from the date of receipt of a copy of this order and the respondent/contemnor, on receipt of the same, is directed to consider the said representation on merits and in accordance with law and pass orders within a period of two weeks thereafter and communicate the decision taken, to the petitioner.
This Contempt Petition is closed subject to the above observation. Consequently, connected sub application is also closed.
Vsm Sd/- JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. 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/17/06/2016 One CC to Mr.S.N.Ravichandran, Advocate, Sr.No.6866/16
To
1. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited., No.144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer (P & A) North Chennai Thermal Power Station/Stage-I TANGEDCO, Chennai - 120.