M.Shyam Sundar v. Tmt.Mythili.K.Rajendran Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.M.Shyam Sundar (retired Additional Secretary to Government) No.19, Velayutha Raja Street Mandaveli, Chennai - 600 028.

2.M.Arachelvi (retired Joint Secretary to Government) No.2, M S Nagar, Kundrathur, Main Road, Porur, Chennai - 600 116.

3.G.Elangovan (retired Deputy Secretary to Government) No.11, Sai Nagar Extension, Thirmalai Nagar Sembakkam, Chennai - 600 064.

...Petitioners

vs.

1.Tmt.Mythili K.Rajendran, I.A.S., Secretary to Government, Personnel and Administrative Reforms Department, (Presently Human Resources Management Department), Fort St.George, Chennai - 600 009.

2.Tmt.P.Uma Maheshwari I.A.S., Secretary, Tamil Nadu Public Service Commission, Chennai - 600 003.

...Respondents

Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondents for the wilful disobedience of the orders of this Court in 1/4

W.P.No.15684 of 2011 dated 03.08.2018.

For Petitioners : Mr.C.Vigneswaran For Respondents : Mr.R.Neethi Perumal for R1 Government Advocate Mr.R.Bharanidaharan for R2 Standing Counsel for TNPSC

O R D E R

This Contempt Petition has been initiated by the petitioner complaining non-compliance of the order passed by the learned Single Judge dated 03.08.2018.

2.It is brought to the notice of this Court against the common order passed by the learned Single Judge of which contempt is complained of, an Intra Court Appeal had been preferred by the Government which had also been dismissed by the Division Bench of this Court and a Special Leave Petition preferred against the order of the Division Bench had also been dismissed. 3.It is also brought to the notice of this Court that one of the petitioner who is similarly placed had initiated a Contempt Petition in Cont.P.No.563 of 2022 before the Division Bench and that the same was taken up for hearing on 17.10.2023. Taking note of the Government Order passed by the respondents in G.O.Ms.No.593 Public (Special A) Department dated 03.10.2023 had closed the Contempt Petition. But, 2/4

however, granting liberty to the petitioner therein to take appropriate steps against the respondents in case of non-payment of monetary benefits that he would be entitled to in view of the aforesaid Government Order. 4.The said Government Order is also placed before me. From the perusal of the aforesaid Government Order, it is pertinent to note that the benefit under the aforesaid Government Order had also been extended to the petitioners herein. 5.Therefore, the Contempt Petition is closed as I find substantial compliance of the order passed by the learned Single Judge. The petitioners are also granted similar liberty as granted by the learned Single Judge to take appropriate steps in case of non-payment of monetary benefits to them in view of the aforesaid Government Order.

24.11.2023 Index: Yes/No Speaking order: Yes/No pam 3/4

K.KUMARESH BABU, J.

pam 24.11.2023 4/4