Madras High CourtCONT P/1302/2019closed

T.Subramania Bharathi v. Rameshwarmurugan

2022-03-28Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Contempt Petition No.1302 of 2019 T.Subramania Bharathi, B.T.Assistant(Science), Muthusamy Viswanathan High School, Mathiravelur 609 102, Nagapattinam District ... Petitioner Vs 1.Thiru.Rameshwarmurugan, Director of School Education, College Road, Chennai - 6.

2.Tmt.C.Amutha, Chief Educational Officer, Nagapattinam.

3.Thiru.Thiyagarajan, District Educational Officer, Mayiladuthurai, Nagapattinam District.

4.Mrs.S.Mala, Secretary, Muthusamy Viswanathan High School, Mathiravelur - 609 102, Nagapattinam District.

... Respondents 1/3

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, praying to punish the respondents for non-compliance of the order passed in W.P.No.31591 of 2013 dated 05.09.2017. For Petitioner : Mr.S.N.Ravichandran For R1 to R3 : Mr.T.Chezhiyan, Additional Government Pleader For R4 : Mr.A.R.Suresh

ORDER

The present contempt petition is filed seeking to punish the respondents for disobeying the order of this Court dated 05.09.2017 passed in W.P.No.31591 of 2013.

2. The learned counsel for the petitioner submitted that all the service and monetary benefits, as ordered by this Court in W.P.No.31591 of 2013 dated 05.09.2017, has been paid to him. The learned counsel also submits that the incentive increment is due

3. The issue as to whether the petitioner is entitled for incentive increment or not requires to be decided by the respondents and non-payment of such incentive increment may not amount to disobedience of this Court. Since all the other service and monetary benefits have been extended to the petitioner, the disobedience cannot be alleged as willful in nature. 2/3

4. Accordingly, the Contempt Petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/25/05/2022 To 1.The Director of School Education, College Road, Chennai - 6.

2.The Chief Educational Officer, Nagapattinam.

3.The District Educational Officer, Mayiladuthurai, Nagapattinam District.

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