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Madras High CourtSUB APPL/777/2023dismissed

G.Damodaran v. C.Samayamoorthy, And Another

2025-09-09Honourable Mrs Justice J. Nisha Banu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU Sub Application No.777 of 2023 in Contempt Petition No.1818 of 2022 in W.P.No.4409 of 2013 G.Damodaran W/o N.Govindasamy (Formerly Deputy Director of Agriculture, Thiruvarur (Retd.) residing at No.1/247, AGRI Nagar, Near E.S.Garden, Valudhareddy, Villupuram-605 401 ... Petitioner Vs.

1. C.Samayamoorthy, The Agricultural Production Commissioner and the Secretary to Government, Agriculture (AA1) department, Secretariat, Fort St.George, Chennai - 600 009.

2. L.Subramaniam, Commissioner of Agriculture, No.1, Walajah Road, PWD Estate, Chepauk, Chennai - 600 005 ... Respondents PRAYER: The Sub Application filed under Article 215 of the

constitution of India R/W Section 151 CPC to reopen the contempt Petition in Cont.Pet.No.1818 of 2022 which was closed on 26.04.2023 and direct the respondents herein to comply with the order in full by directing the respondents herein to bring the G.O notionally promoting the petitioner to the post of Additional Director of Agriculture on par with his immediate junior Mr.A.Mathialagan for the years 2018-2019 and also awarding monetary benefits in the post of Assistant Director of Agriculture, deputy Director of Agriculture, Joint Director of Agriculture and Additional Director of Agriculture on par with his immediate junior Mr.A.Mathialagan from the date of notional promotion granted to him. For Petitioner : Mr.K.Rajkumar For Respondents : Mr.J.Ravindran, Additional Advocate General assisted by Mr.M.Murali, Govt.Advocate.

ORDER

This Sub-Application has been filed to reopen the Contempt Petition in Cont.Pet.No.1818 of 2022 which was closed on 26.04.2023 and direct the respondents herein to comply with the order in full by directing the respondents herein to bring the G.O notionally promoting the petitioner to the post of Additional Director of Agriculture on par

with his immediate junior Mr.A.Mathialagan for the years 2018-2019 and also awarding monetary benefits in the post of Assistant Director of Agriculture, Deputy Director of Agriculture, Joint Director of Agriculture and Additional Director of Agriculture on par with his immediate junior Mr.A.Mathialagan from the date of notional promotion granted to him.

2. Learned counsel for the petitioner would state that the order passed by this Court has not been complied with in full. The petitioner has been given promotion but arrears of consequential monetary benefits has not been granted to the petitioner.

3. Perusal of the records would show that the petitioner was not considered for promotion to the post of Assistant Director of Agriculture for the year 2007-2008 because he had been awarded with a punishment of stoppage of increment without cumulative effect for a period of six months and since the punishment fell within 5 years prior to the crucial date he was not selected to the said post for the year 2007-2008.

4. When the Contempt Petition No.1818 of 2022 was taken up for hearing, the learned counsel for the petitioner was present and the learned Additional Advocate General stated that the order passed by this Court has been complied with and recording his submission, the

Contempt Petition was closed on 26.04.2023. Now, the present Sub Application has been filed to reopen the contempt petition stating that though the petitioner was granted promotion, the arrears of monetary benefits has not been given to him. This Court is not inclined to entertain this Sub-Application. Accordingly, the Sub-Application stands dismissed.

09-09-2025 vsi

J. NISHA BANU, J.

vsi Sub.A.No.777 of 2023 in Cont.P.No.1818 of 2022 09-09-2025