P.Kasinathan v. G.Swaminathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.2173 of 2013 P.Kasinathan ... Petitioner Vs.

G.Swaminathan, Managing Director, Tamil Nadu State Transport Corporation(Villupuram Division)Ltd., Villupuram

...Respondent

Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for having willful disobedience of the order of this Hon'ble Court made in Review Application No.58 of 2012 in W.P.No.15713 of 2012 dated 10.10.2012.

For Petitioner : Mr.S.T.Varadarajulu For Respondent : Mr.P.Paramasivadoss

O R D E R

The learned counsel appearing for the writ petitioner states that pursuant to the order passed by this Court on 10.10.2017 in Review Application No.58 of 2012 in W.P.No.15713 of 2012, an alternate

employment has been provided to the writ petitioner. However, the learned counsel says that the alternate employment provided to the writ petitioner is not equivalent to that of the post which he was holding prior to the filing of the writ petition.

2.Thus, a direction to be issued to the respondent to grant an equivalent post. This Court cannot enlarge the scope of the contempt petition by granting a new relief which was not granted by this Court in the Review Application No.58 of 2012. This Court passed an order based on the undertaking given by the learned counsel for the respondent that the petitioner shall be given an alternate employment. Taking into consideration of his disability and based on the undertaking given by the learned counsel for the respondent, an alternate employment was provided to the writ petitioner.

3.This being the factum of the case, no further adjudication is required in this contempt petition and the order passed by this Court in Review Application No.58 of 2012 in W.P.No.15713 of 2012 dated 10.10.2012 has been complied with.

4.Thus, no further adjudication is required in this contempt petition. Accordingly, the contempt petition stands closed. However, there shall be no order as to costs.

10.10.2017 kak Index : Yes/No Internet : Yes/No Speaking /Non-speaking order

S.M.SUBRAMANIAM J kak To G.Swaminathan, Managing Director, Tamil Nadu State Transport Corporation(Villupuram Division)Ltd., Villupuram Contempt Petition No.2173 of 2013 10.10.2017