Mrs. G. Sumathi And 10 Others v. Dr. P. Senthil Kumar, I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Contempt Petition No. 1120 of 2025

1. G. Sumathi President, The Tamilnadu Medical Services corporation welfare union, W/o.K.Gnanadoss (late) Now residing at, No. 17, Rajesh Nagar, Nehru Street, Narayanapuram, Chennai - 600 100.

2. Lakshmi Sundarajan, S/O. Lakshmi Muthaiyan, F-2, Paras paradise, No. 9, South Park Street, Venkatapuram, Ambattur, Chennai - 600 053.

3. K. Sundaramoorthy, A-5, 2nd Floor, 1st Block, Shanthi Nagar, No.2, Radhakrishnan Road, Valasaravakkam, Chennai - 600 087.

4. N.Muthulakshmi, W/o. Nallasivam, No. 14/390, 20th Street, Sarojini Street, GKM Colony, Chennai - 600 082

5. N.Ayeshnagani, W/o. Syed Ibrahim, 9/5, 1st Cross Street, CIT, Nagar, Nandanam, Chennai - 600 035.

6. S.Ganeshan, No. 311/2, 1st Street, Periyar Nagar, Chennai - 600 082.

7. T.Pannerselvam, S/o. Thulasi Iyya, No.w-335, 19th Street, Anna Nagar West Extension, Chennai - 600 101.

8. M. Ramesh, No. 49/4, Ground Floor, Hospital Road, west saidapet, Chennai - 600 015.

9. N.Selvaraj, R-Block, No.26, Pallakku Maniyam, Mylapore, Chennai - 600 004.

10. G.Nachiyar, W/o. M.Gokulakrishnan, No. 13c, Sri Ambal Street, Phase-1, Maangadu, Chennai - 600 122.

11. M. Saravanakumar, S/o. S.Muthuvel, No.5, ward-26, Arunagiri Nagar, Bodinayakanur, Theni - 625 513.

Petitioner(s) Vs

1. Dr. P. Senthil Kumar, I.A.S., Secretary, Heath and Family Welfare Department And Chairman, Tamil Nadu Medical Services Corporation Ltd., Fort St. George, Chennai 600009.

2.Mr. M.Aravind, I.A.S., Managing Director, The Tamil Nadu Medical Services Corporation Ltd., No. 417, Pantheon Road, Egmore, Chennai - 600 008.

Contemnor(s) PRAYER The Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents 1 and 2 herein for non compliance and wilfully disobeying the order of the Division Bench of high court order in W.P.No. 15241 of 2009 and W.P.No. 17133 of 2001 final order dated 10.12.2009 and the same was confirmed by the Hon'ble Supreme Court dated 17.05.2024 made in Civil Appeal No. 6512 of 2024 (arising out of SLP (c) No. 2649 of 2020) and Civil Appeal No. 6511 of 2024 (arising out of SLP (c) No. 30005 of 2019) made in W.P.No. 15241 of 2009 and W.P.No. 17133 of 2001 dated 09.08.2019.

For Petitioner(s):

M/s. K.R.A.Muthukrishnan

For Contemnor(s):

Mr. AR.L.Sundaresan Additional Solicitor General Assisted by Mr. V.M.Shivakumar for M/s.Shivakumar and Suresh for R2 Mr. M.Bindran Additional Government Pleader for R1 - - - - -

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Pending this Contempt Petition, both the petitioners as well as the respondent-Department have entered into a compromise and have recorded the terms of compromise through a Memorandum dated 20.09.2025. The terms of the Memorandum of Compromise read as follows:- NOW THEREFORE THIS MEMORANDUM OF UNDERSTANDING IS ENTERED BETWEEN THE PARTIES 1.It has been agreed that PARTIES OF THE FIRST PART accept the lumpsum payment of compensation as mentioned herein below in lieu of employment and all attendant benefits ordered in their favour:-

SL No.

Name Cadre Compensation amount agreed to (Rs.) 1.

G. Sumathi Junior Assistant 25,00,000/- 2.

M. Lakshmi Sundarajan Junior Assistant 25,00,000/- 3.

K. Sundaramoorthy Technical Asst 25,00,000/- 4.

N. Muthulakshmi Steno Typist 25,00,000/- 5.

S. Ayeshagani Junior Assistant 25,00,000/- 6.

T. Panneerselvam Technical Asst 25,00,000/- 7.

M. Ramesh Junior Assistant 25,00,000/- 8.

G. Nachiyar Steno Typist 25,00,000/- 9.

M. Saravanakumar Junior Assistant 25,00,000/- 10.

N. Selvaraj Packer 18,00,000/- N. Ganeshan Office Assistant 18,00,000/-

2. The TNMSC will seek the approval of their Board for the MOU within two weeks and inform the EMPLOYEES UNION and PARTIES OF THE FIRST PART and in the meanwhile the Counsel for the EMPLOYEES UNION and PARTIES OF THE FIRST PART shall share the bank details and valid identity proof and particulars of PARTIES OF THE FIRST PART to enable TNMSC to make payment to their respective bank accounts.

3. The PARTIES OF THE FIRST PART shall individually sign advance receipt for the payment to be received from TNMSC as per the format of TNMSC.

4. The receipt of the above said payment shall constitute full and

final settlement of all dues, rights and privileges of the PARTIES OF THE FIRST PART under the Inspector of Labour order dated 31.03.2001 and various Court Orders passed in the cases mentioned in the table above or any other order of any Court or tribunal relating to the employment of the PARTIES OF THE FIRST PART with TNMSC.

5. On receipt of such payment, neither party shall have any claim against the other party in respect of their dues or employment with TNMSC. Both parties agree to withdraw any pending legal proceedings filed against the other party.

2. The terms of the Memorandum of Compromise are hereby recorded and the Contempt Petition stands closed.

(M. S. RAMESH, J.) (R. SAKTHIVEL, J.) 05-12-2025 ASI To 1.Dr. P. Senthil Kumar, I.A.S.

Secretary, Heath And Family Welfare Department and Chairman, Tamil Nadu Medical Services Corporation Ltd.,

Fort St. George, Chennai 600009.

2.Mr. M.Aravind, I.A.S., Managing Director, The Tamil Nadu Medical Services Corporation Ltd., No. 417, Pantheon Road, Egmore, Chennai - 600 008.

M. S. RAMESH, J.

AND R. SAKTHIVEL, J.

ASI Contempt Petition No. 1120 of 2025

05-12-2025