M.Sekar v. Amutha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Cont. P.No. 2398 of 2022

1. M. Sekar

2. N. Rajagopal

3. S. Anthonysamy ... Petitioners Vs.

Mrs. Amutha The State of Tamil Nadu, Represented by its Secretary to Government, Rural Development and Panchayat Raj (CGS.3) Department, Fort St George, Chennai - 600 009. ... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willfully and wantonly showing disrespect and thereby disobeying the order dated W.A.No. 358 of 2018 of this Court.

For Petitioners : Mr. Joseph Thatheus For Respondent : Mr. S. John J. Raja Singh Additional Government Pleader 1/4

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Today, third additional affidavit has been filed by the respondent, wherein in paragraph 5 of the affidavit, it is stated that in compliance of the order of this Court, the salary of Mr. M. Sekar/first petitioner, Storekeeper and Mr. N. Rajagopal/second petitioner, Accountant had been further revised to Rs.23,000/- in EC & GB Resolution No. 10 dated 30.05.2022. Mr. S. Anthonysamy/third petitioner, Office Assistant had reached the age of superannuation on 31.03.2016.

2. It is further stated in the additional affidavit that the revision in pay to the petitioners has been continuously done as decided by the Executive Committee of the District Supply Marketing Society, Pudukottai, as ordered by this Court in W.A.No. 385 of 2018. The petitioners have been retained, and allowed to continue their services till they reach the age of superannuation, and no scale of pay has been revised to any other employees as alleged by the petitioners. Therefore, there is no willful disobedience on the part of the respondent.

3. Therefore, recording the aforesaid paragraph No. 5 of the additional affidavit dated 09.03.2023, the contempt petition stands closed.

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4. If the petitioners have any dispute relating to the payment of the said scale of pay, it is open for them to approach the appropriate forum.

(D.K.K., J.) (K.G.T., J.) 09.03.2023 Index : Yes / No Internet : Yes/ No mrn 3/4

D.KRISHNAKUMAR, J.

and K.GOVINDARAJAN THILAKAVADI , J.

(mrn) Cont. P.No. 2398 of 2022 09.03.2023 4/4