Madras High CourtCONT P/2388/2016closed

C.Anbazhagan, v. Mrs.M.Shanthi

2016-10-17Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.2388 of 2016 C.Anbazhagan ..

Petitioner -vsMrs.M.Shanthi, The President, Kalumaram Primary Agricultural Co-operative Loan Society Limited, Kalumaran Post, Thirukovilur, Villupuram.

.. Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for not obeying the order of this Court in WMP.No.4024 of 2016 in W.P.No.4644 of 2016, dated 08.02.2016.

For Petitioner : Mrs.Renganayaki for Mrs.N.Kavitha Rameshwar For Respondent : Mr.L.P.Shanmugha Sundaram, Spl.GP

ORDER

This Court, vide order dated 08.02.2016, made in WMP.No.4024 of 2016 in W.P.No.4644 of 2016, has passed an order of status quo and it has further directed the learned Special Government Pleader to take instruction as to whether the petitioner can be placed in any other position

in a reasonable manner. For better appreciation, relevant portion of the said order is extracted below: "Mr.L.P.Shanmugasundaram, learned Special Government Pleader, takes notice on behalf of the respondent.

2. This is a case where the petitioner has been reverted from the post of Secretary of the Society to the post of salesman, which is four posts lower. Since the petitioner has been demoted to the feeder category level, there shall be an order of status quo as on today.

Learned Special Government Pleader is directed to take instructions as to whether the petitioner can be placed in any other position in a reasonable manner."

2. It is submitted by the learned counsel for the petitioner that the above said order passed by this Court has not been complied with by the respondent till date.

3. Today, when the matter is taken up, learned Special Government Pleader appearing for the respondent brought to the notice of this Court Chapter-II, relating to recruitment of personal in the respondent department. As per the said Chapter, the petitioner ought to have been reverted to the post of Clerk/Typist/JL Aappriaser, instead of to the post of Salesman, which is two posts lower to the

post of Secretary. Therefore, the respondent is directed to permit the petitioner to join in the post of Clerk/Typist/JL Appraiser. Such direction of this Court is subject to the result of the pending writ petition.

4. In view of the above, the contempt petition stands closed. No Costs.

Sd/- JOINT REGISTRAR(OS) rkm //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.

SS/CO/28/11/2016 One CC to M/s.L.P.Shanmugasundaram, Advocate, Sr.No.13217/2016.

One CC to M/s.N.Kavitha Rameshwar, Advocate, Sr.No.13258/2016.