Madras High CourtCONT P/1392/2019closed

A.Vinayagamoorthy v. V.Muralidharan

2020-01-20Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.01.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Contempt Petition No.1392 of 2019 A.Vinayagamoorthy ...

Petitioner /petitioner Vs.

Muralidharan, Divisional Engineer, (Highways, Construction and Maintaining), Tindivanam Road, Tiruvannamalai.

...

Respondent/2nd respondent Prayer:

This Contempt Petition has been filed under Section 11 of the Contempt of Courts Act to punish the respondent for his wilful disobedience and non-compliance of the orders passed by this court dated 22.03.2019 in W.P.No.10249 of 2014, under the provisions of Contempt of Courts Act.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.J.Ramesh, Addl.Gov. Pleader

O R D E R

This petition has been filed to punish the respondent for his willful disobedience and non-compliance of the orders passed by this court dated 22.03.2019 in W.P.No.10249 of 2014, under the provisions of Contempt of Courts Act.

2. The learned Additional Government Pleader submitted that Aggrieved over the orders passed by this court in W.P.No.10249 of 2014 dated 22.03.2019, Writ appeal in W.A.No.3717 of 2019 was filed and the same was dismissed on 13.11.2019. Therefore, to comply with the orders passed in W.P.No.10249 of 2014 dated 22.03.2019, the respondent passed an order in G.O.(2D) No.71, Highways and Minor Ports (HM2) Department dated 27.12.2019 and directed the official concerned to issue necessary orders for reinstatement of the petitioner into service as Gang Mazdoor.

3. He further submitted that, following the above said Government order, the Divisional Engineer, (Highways, Construction and Maintaining) Tindivanam Road, Thiruvannamalai had issued a proceedings dated 03.01.2020 for reinstatement of the petitioner into service and the Assistant Divisional Engineer, (Highways, Construction and Maintaining) Tindivanam Road, Thiruvannamalai had also issued an order dated 03.01.2020 by reinstating the petitioner into the service as Gang Mazdoor.

4. The contention of the Additional Government Pleader that as per the above said proceedings and order dated 03.01.2020, the petitioner joined duty on 06.01.2020

F.N. as Gang Mazdoor and to that effect he has also given a letter for joining duty. He also placed the above said Government order dated 22.03.2019 and the joining letter dated 06.01.2020 given by the petitioner, before this court.

5. Inview of the above, the order passed by this court in W.P.No.10249 of 2014 dated 22.03.2019 was complied with. Hence, this contempt petition is dismissed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mst //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/14/02/2020 To The Divisional Engineer, (Highways, Construction and Maintaining), Tindivanam Road, Tiruvannamalai.