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Madras High CourtCONT P/3313/2025closed

T.Selvaganesan v. C.Samayamoorthy And 2 Others

2025-11-20Honourable Dr.Justice R.N.Manjula7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HON'BLE DR.JUSTICE R.N.MANJULA T.Selvaganesan S/o.Late Thanigavelu, Assistant Section Officer, Labour and Employment Department, Secretariat, Chennai 600 009.

..Petitioner Vs 1.C.Samayamoorthy Secretary to Government, Personnel and Administrative Department, Secretariat, Chennai 600 009.

..Contemnors 2.K.Veera Raghava Rao, Secretary to Government, The State of Tamil Nadu, Labour and Employment Department Secretariat, Chennai 600 009.

(Substituted name of the 1st and 2nd Respondents as per the Order of the Court made in Sub Appl. No. 1179 of 2025 in Cont.P. No. 3313 of 2025, dated 06.11.2025)

3.R.Vijay Kumar, Section Officer, Muniicipal Administation and Water Supplies Department, Secretariat, Chennai 600 009.

PRAYER -This Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the Respondents for the willful disobedience of the orders of this Court in W.P.No.6228 of 2021 vide order dated 27.11.2023. For Petitioner:

M/s. S.Suneetha, For Contemnors:

Mr.Suresh Kumar, Additional Advocate General Assisted by Mr.V.Manoharan, Additional Government Pleader

ORDER

This Contempt Petition is filed to punish the Respondents for the willful disobedience of the orders of this Court in W.P.No.6228 of 2021 vide order dated 27.11.2023.

2.On 06.11.2025, this Court had passed the following order on the representation made by the learned counsel for the petitioner: "The order passed in the writ petition has been partly complied by passing the Government Order in G.O.(4D) No.35, Human Resources management (U) Department dated 05.11.2025 by including the name of the petitioner in the panel for promotion to the post of Section Officer by restoring his seniority.

2. The learned Senior Counsel for the petitioner submitted that as the petitioner has been given with monetary benefit from the date of assumption of charges in the promotional post and notional benefit from the date of promotion of his junior, the petitioner is made to loose the monetary benefit for two years for the non-compliance of the part of the order with regard to the issuance of the actual promotional order.

3. Let the learned Additional Advocate General get instructions whether the respondent is going to consider the monetary benefit also from the date of expiry of six weeks from the date of receipt of the order and report before this Court on or before 20.11.2025.

4. Despite statutory notice has been ordered, the respondents could not make their appearance before this Court in view of the mistake crept in describing the names of the first and second respondents in the contempt petition.

5. For carrying out amendment, list the matter on 20.11.2025."

3.Today, when the matter is taken up, the learned Additional Advocate General submitted that W.A.SR.No.168420 of 2025 has been filed and the delay caused between outer limit of the time given by this Court for compliance till the date of issuing the order of promotion and consequential monitory benefit if any can be allowed to be considered by the respondents after the Writ Appeal is disposed.

4.In view of the same, this Contempt Petition is closed for the present. 20-11-2025

Index: Yes/No Speaking/Non-speaking order GSA To 1.C.Samayamoorthy Secretary to Government, Personnel and Administrative Department, Secretariat, Chennai 600 009.

2.K.Veera Raghava Rao, Secretary to Government, The State of Tamil Nadu, Labour and Employment Department Secretariat, Chennai 600 009.

3.R.Vijay Kumar, Section Officer, Muniicipal Administation and Water Supplies Department, Secretariat, Chennai 600 009.

DR.R.N.MANJULA, J.

GSA

20-11-2025