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Madras High CourtCONT P/9/2025dismissed

P. Girish And 8 Others v. Rajesh Lakhoni And 2 Others

2025-09-09Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.P.Girish 2.S.Elambaruthi 3.P.Krishnamurthy 4.C.Mahalingam 5.M.Ambrose 6.N.Subramani 7.M.Sankar 8.Stephen Gnanadas 9.J.Antony Doss ... Petitioners Vs.

1.Mr.Rajesh Lakhoni, I.A.S., The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation, NPKRR Maligai, 144, Anna Salai, Chennai - 600 002.

2.Mrs.K.Mozhiarasi, Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation, NPKRR Maligai, 144, Anna Salai, Chennai - 600 002.

3.Ms.P.Chitra, Superintending Engineer, Chennai Electricity and Distribution Circle/ West Thirumangalam Sub Station Campus, Thirumangalam, Chennai - 600 040.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondents for the wilful disobedience of the directions dated 31.01.2023 in Writ Appeal No.2357 of 2019. For Petitioner : Mr.T.Mohan, Senior Counsel for Mr.P.Kumaravel For Respondents : Mr.Venkatesh Prasad. A.P.

For M/s.Advit Law Chambers

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The direction in the Writ Petition in W.P.No.16603 of 2011 dated 22.03.2018 reads as follows:-

........ "14. Therefore, for all the reasons stated above, the impugned seniority list in F.M./2010 dated 6.2.2010 is hereby set aside. The Official respondents are directed to recast the seniority of the writ petitioners in terms of of B.P. 106 dated 9.4.1996 and effect promotions to the next higher post, Foreman I Grade, Special Grade Foreman, etc. on the basis of such revised seniority list and grant all consequential benefits. The said direction shall be complied with by the official respondents within a period of 12 weeks from the date of receipt of copy of this order. It is made clear that on being promoted to the higher post on the basis of recast of seniority list, the petitioners are not entitled to actual differential wages on the ground that they have not shouldered higher responsibility in the promoted post, however, they are entitled to notional fixation of pay and other benefits........"

2. The aforesaid order was confirmed in W.A.No.2357 of 2019 dated 31.01.2023. Alleging disobedience of the said order, the present Contempt Appeal has been filed.

3. The respondents have filed an affidavit dated 25.08.2025, wherein it is claimed that the seniority list was revised through their proceedings dated 11.06.2024 and the benefits of promotion were also extended to the petitioners herein. Insofar as the claim of the petitioners with regard to the entitlement of promotion to the post of Junior Engineer Grade-I in comparison to their junior Karunamurthy, who is their junior is concerned, it is stated that their turn for promotion is yet to arise.

4. The learned Senior Counsel appearing for the petitioners would submit that such a reasoning is incorrect and since Karunamurthy is junior to the petitioners, they would be entitled for promotion, together with the consequential benefits.

5. This Court, in exercise of its powers relating to Contempt Petition, will not venture to adjudicate these aspects with regard to the entitlement of promotion and other benefits. If at all the petitioners are of the view that the reasoning adopted by the respondents are incorrect or illegal, it is always open to them to challenge the same before the

competent Court of law. As such, the disobedience alleged cannot be termed to be wilful in nature.

6. In view of the compliance report filed before us by the respondents herein, this Contempt Petition stands dismissed. [M.S.R, J.] [R.S.V, J.] 09.09.2025 Index: Yes Speaking order Internet: Yes Sni

M.S.RAMESH, J.

and R. SAKTHIVEL, J.

Sni 09.09.2025