E.Kumar, v. S.Mathumathi And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND E.Kumar, S/o. A. Evuri, No. 27/45, 8th Cross, Thirunagar, Karumandapam, Trichy, 620 001.

Petitioner(s) Vs

1. S.Mathumathi THE SECRETARY TO GOVERNMENT, Educational Department, Government of Tamil Nadu, Fort St.George, Chennai.

2.S. Kannappan, THE DIRECTOR OF SCHOOL EDUCATION, Office of the Director of School Education, DPI campus, College Road, Chennai.

3.M. Aarthi, THE STATE PROJECT OFFICER, Teachers recruitment board, Chennai-6.

4.C. Nedunchezhian, THE ACCOUNTANT GENERAL, DMS, Nanthanam, Chennai.

Contemnor(s) PRAYER To punish the Respondents for their wilful and wanton disobedience to the orders of this Hon'ble Court passed in W.P.No. 1003 of 2019 dated 26.04.2024. For Petitioner:

Ms.H.Mary Sowmi Rexi for Mr.H.Thayumanaswamy For Contemnor(s):

Mr.P.Kumaresan, AAG Assisted by Mr.A.M.Ayyadurai, G.A.

ORDER

This Contempt Petition has been filed complaining wilful disobedience of the respondents in implementing the order dated 26.04.2024 passed by this Court in W.P.No.1003 of 2019.

2. While allowing the said Writ Petition, this Court directed the respondents therein to consider the representations of the petitioner dated 02.07.2014. 04.11.2017 and 07.12.2018 respectively and the petitioner shall be brought under the old Pension Scheme that was prevailing prior to the implementation of G.O.Ms.No.259, dated 06.08.2023 and whatever contribution that has been recovered from the petitioner to be transferred to the old Pension Scheme. To implement the said order, this Court stipulated eight weeks time from the date of receipt of a copy of that order.

3. Originally this Court prima facie satisfied that the respondents did not implement the order of the Court in true letter and spirit and accordingly, statutory notice was issued on 03.12.2024 for appearance of the respondents 1 to 3. On 03.01.2025, they appeared before this Court and sought time to report compliance. But thereafter also the order of this Court is not complied with.

4. During the course of hearing today, the Additional Advocate General appearing for the respondents 1 to 3 has placed a copy of the Government Order

in G.O.Ms.No.132, School Education [SE 3(2)] Department, dated 06.06.2025 and would submit that the order of the Court is complied with by transferring the individual from the contributory pension to the old pension scheme and all the amounts secured in the said account has been transferred. They are taking steps to transfer the Government contribution and interest accumulated under CPS Scheme to the Government account by following due procedures.

5. The learned counsel for the petitioner also endorsed the same.

6. In view of the above factual position, this Court is of the considered opinion that further adjudication in this contempt case is not required. Accordingly, this Contempt Petition is closed. 10-06-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.S.Mathumathi THE SECRETARY TO GOVERNMENT, Educational Department, Government of Tamil Nadu, Fort St.george, Chennai.

2.S. Kannappan, THE DIRECTOR OF SCHOOL EDUCATION, Office of the Director of School Education, DPI campus, College road, Chennai.

3.M. Aarthi, THE STATE PROJECT OFFICER, Teachers Recruitment Board, Chennai-6.

4.C. Nedunchezhian, THE ACCOUNTANT GENERAL, DMS, Nanthanam, Chennai.

BATTU DEVANAND J.

pvs CONT P No. 3470 of 10-06-2025