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Madras High CourtCONT P/2464/2018closed

R.Chinnadurai v. P.Mohan, B.Sc.,

2022-02-14Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Cont.P.No.2464 of 2018 and W.P.No.31841 of 2013 & M.P.No.1 of 2013 Cont.P.No.2464 of 2018 R.Chinnadurai Retired Sanitary Inspector No.225-A, Thirunavukkarasu Nagar, Vinayagapuram, Attur, Salem District 636 102 ... Petitioner Vs.

1.P.Mohan, B.Sc., The Director of Local Fund Audit 2.Thiru. N.Kamalanathan, B.E., Commissioner-incharge ... Respondents Prayer : Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondents for non implementation of the Order dated 25.11.2013 passed in W.P.No.31841 of 2013 & M.P.No.1 of 2013. For Petitioner :

Mr.A.R.Nixon For Respondents :

Mr.Vedha Bagath Singh Special Government Pleader [R1] Mr.Raja Mathivanan [R2] 1/5

W.P.No.31841 of 2013 R.Chinnadurai Working as Sanitary Inspector, ... Petitioner Vs.

1.The Local Fund Audit 2.The Accountant General Accountant General Office Teynampet, Chennai - 600018.

3.The Commissioner, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the third respondent in Na.Ka.No.11739/2013/C1, dated 08.11.2013 and quash the same thereby direct the third respondent to pay the scale of pay based on the basic scale of pay at 25,410/- to the petitioner.

For Petitioner :

Mr.A.R.Nixon For Respondents :

Mr.Vedha Bagath Singh Special Government Pleader [R1] No appearance for R2 Mr.Raja Mathivanan [R3] 2/5

COMMON ORDER The pay scale of the petitioner who earlier served as a Sanitary Inspector came to be revised from the basic pay of Rs.6,100/- to Rs.6,300/- and the excess pay was sought to be recovered. This proceeding was stayed by this Court in an interim order passed in W.P.No.31841 of 2013 & M.P.No.1 of 2013 dated 25.11.2013. Pursuant to the interim order, the present Contempt Petition has been filed for non-implementation of the stay order.

2. Today when the matter was called, the Commissioner of Namakkal Municipality has filed a compliance report dated 04.12.2021 in which, it is stated that in view of the stay granted by this Court, the petitioner's basic pay was re-fixed from Rs.6,100/- to Rs.6,300/- through the proceedings dated 17.12.2018 and the excess salary recovered from the petitioner to the tune of Rs.85,735/- was also refunded and deposited in the petitioner's account on 15.05.2019. As such, the prayer sought for in the Writ Petition has become infructuous.

3. In view of the proceedings of the second respondent dated 17.12.2018, re-fixing the petitioner's salary and placing it at the original basic pay of Rs.6,300/-, the petitioner would be entitled for the pensionary benefit arising out of the same. The first respondent namely the Director of Local 3/5

Fund Audit may not be justified in refusing to accept the proceedings of the second respondent dated 17.12.2018, as claimed by the petitioner herein.

4. In the light of the above observation, the Writ Petition stands closed with a direction to the first respondent namely the Director of Local Fund Audit, Chennai, to revise the pay scale from Rs.6,100/- to Rs.6,300/- in accordance with the proceedings dated 17.12.2018 and disburse the arrears of pension and continue to pay pension in accordance with the terms of this order. In view of the order passed in the present Writ Petition, the disobedience alleged in the Contempt Petition may not be termed to be wilful. Accordingly, the Contempt Petition also stands closed. Connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sni //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/31/03/2022 4/5

To 1.The Director of Local Fund Audit 2.The Commissioner-incharge 3.The Accountant General, Accountant General Office, Teynampet, Chennai - 600 018.

Copy to:

The Section Officer, ER Section, High Court, Madras 5/5