Madras High CourtCONT P/811/2014closed

A.Periyasami v.

2014-12-19Honourable Mr Justice P.R.Shivakumar,Honourable Mr Justice N. Paul Vasanthakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2014

CORAM

THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR Contempt Petition No.811 of 2014 1.A.Periyasami 2.V.S.Mani 3.A.P.Kamalambal 4.V.Ponnusamy 5.K.Thirunavukkarasu 6.R.Kandasami 7.P.K.Vijayakumar 8.P.Vellasamy 9.K.Rathinam 10.S.P.Subramaniam 11.T.Papathi 12.R.Govindaraju 13.N.Kasthuri 14.P.Lakshmi 15.G.Kamala 16.N.Periyasamy 17.P.Palanimuthu 18.K.Sampoornam 19.T.Padmavathi 20.M.Thangarajan 21.P.Varadharasan 22.D.Susila 23.S.Subramaniam 24.Ramani 25.K.Vaiyapuri 26.R.Ganesan 27.K.Senkottaiyan 28.S.K.Mohan 29.D.Jagathambal 30.K.Dhanaraj 31.N.Lakshmi 32.Baby Saroja ..

Petitioners -vsD.Sabitha, I.A.S., The Secretary To Government School Education Department Government of Tamil Nadu Fort St. George Chennai-600 009 ..

Respondent

Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the order of this Court dated 30.11.2011 made in W.P.No.22015 of 2011.

For Petitioners::

Mr.V.Thirupathi For Respondent ::

Mr.K.Karthikeyan Government Advocate (Education)

ORDER

(Order of the Court was delivered by N.PAUL VASANTHAKUMAR, J.) Heard Mr.V.Thirupathi, learned counsel appearing for the petitioners and Mr.K.Karthikeyan, learned Government Advocate (Education) appearing for the respondents.

2. This contempt petition is filed for non-compliance of the direction issued in W.P.No.22015 of 2011, dated 30.11.2011 to extend the benefit of G.O.Ms.No.234, School Education Department dated 10.9.2009.

3. During the pendency of the contempt petition, the official respondents have fixed the pay and arrived at the salary payable in accordance with the said G.O.Ms.No.234 dated 10.9.2009 and the actual salary being received by each of the petitioners. Out of 32 petitioners, in respect of petitioner Nos.6,12,15 and 30, the arrears of salary have been paid and they have also received the same on 13.5.2014. In respect of the remaining petitioner Nos.1 to 5,7 to 11,13,14,16 to 29, 31 and 32 either they are getting more pay or equal pay, while applying G.O.Ms.No.234 dated

10.9.2009. The individual proceeding of salary payable as per G.O.Ms.No.234 and the actual amount paid to each of the petitioners on their retirement was furnished to the said petitioners.

4. The apprehension of the petitioner Nos. 1 to 5,7 to 11,13,14,16 to 29, 31 and 32 is that their pension may be reduced based on the erroneous fixation now made in the orders. The learned Government Advocate appearing on behalf of respondent-Education Department submits that there will be no reduction in pension based on the said calculation. The said submission is recorded.

5. Recording the above submission, this contempt petition is closed. If the said petitioners are aggrieved by the orders passed, it is open to them to challenge the same in separate proceedings.

bbr SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. 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/30/01/2015