Dr.M.Uma v. Dr.Rupa Gunaseelan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Dr.M.Uma W/o.Kumaraswamy Pillay, No.70, 4th Street 3rd Extension, Gokulam Colony, P.N.Pudur, Coimbatore- 641 041.

Presently residing at 31-5500, Yonge Street, North York, Canada M2N7L1 Petitioner(s) Vs Dr.Rupa Gunaseelan, The Registrar, Bharathiar University, Coimbatore.

Contemnor(s) PRAYER To punish the respondent for committing grave contempt and gross disobedience of the Order passed by this Hon'ble Court in W.P.No.18551 of 2021 dated 20.02.2024.

For Petitioner(s):

M/s. KAVITHA RAMESHWAR, S.K.RAMESHWAR, R.RAMACHANDRAN For Contemnor(s):

Mr. D. Ravichander, assisted by C.Jayaprakash

ORDER

This Contempt case has been filed complaining wilful disobedience of the order dated 20.02.2024 in W.P.No.18551 of 2021.

2. This matter went several adjournments. On behalf of the respondent, a counter affidavit has been filed.

3. During the course of hearing, Mr.D.Ravichander, learned counsel appearing for the respondent would submit that the amount to be paid to the petitioner towards retirement benefits and Career Advancement Scheme were paid to the petitioner. The learned counsel for the petitioner also accepted the receipt of the payment under the above 2 heads.

4. With respect to the payment of the advance increment, the learned counsel for the respondent would submit that the petitioner is not entitled for advance increment. He further submitted that in G.O.Ms.No.350, dated 09.09.2009, it is made clear that the act of availing benefits under the erstwhile scheme constitutes a bar to avail the benefit of advance increment under the new scheme. As the petitioner having been sanctioned one-time lump sum amount of Rs.5,000/-, the amount due to the petitioner concerning the advance increment has been duly paid by the respondent in strict compliance of the order dated 20.02.2024 in W.P.No.18551 of 2021.

5. The learned counsel for the petitioner would submit that the eligible amount towards retirement benefits and towards Career Advancement Scheme were received by the petitioner and hence, this contempt petition may be closed by granting liberty to the petitioner to challenge the action of the respondent in not making the payment towards advance increment.

6. Considering the submissions of both the counsels that as major share of payment for which the petitioner is entitled was paid and considering the request made by the petitioner's counsel to grant liberty to take appropriate steps by filing appropriate petition against the action of the respondent in not making the payment under the head of advance increment, in my considered view further adjudication in this case is not required and accordingly, this contempt petition is closed. However, liberty is granted to the petitioner to take appropriate steps if he is aggrieved for non-payment against the claim of advance increment.

21-07-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Registrar, Bharathiar University, Coimbatore.

BATTU DEVANAND J.

pvs 21-07-2025