Subramanian P v. Nagarajan R

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA P.Subramanian ..

Petitioner -vs1. Mr.R.Nagarajan The Superintending Engineer Udumalpet Electricity Distribution Circle Udumalpet 642 126

2. Mr.Ruban Kumar The Assistant Engineer Operation & Maintenance Tamil Nadu Generation & Distribution Corporation Ltd., Dhalavoipattinam Dharapuram Taluk ..

Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 16.3.2018 made in W.P.No.5133 of 2018.

For Petitioner ::

Mr.N.Ponraj For Respondents ::

Mr.Karthick Rajan Standing Counsel 1/3

ORDER

Learned counsel for the petitioner stated that although this Court interfered with the order of transfer and directed the respondents to permit the petitioner to report for work to perform his duties as Revenue Supervisor, the petitioner was not allowed to join for a period of seven months. However, after some time, both the petitioner and the respondents agreed for posting of the petitioner in North Kundadam station. But till date, the respondents have not released the salary, although the petitioner agreed to the offer of the respondents and joined in North Kundadam station.

2. Learned standing counsel for the respondents stated that if the petitioner makes a representation, the same will be considered.

3. But this Court is not inclined to accept the said contention. The reason is that even after the order of transfer was interfered with by this Court, the petitioner was not provided with any work and he was finally accommodated only on 20.11.2018 as Revenue Supervisor in North Kundadam station. Therefore, the respondents are directed to release the salary within a period of two weeks 2/3

from the date of receipt of a copy of this order, failing which the petitioner is entitled to get interest at the rate of 12% per annum till the date of realisation. With this direction, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/27/01/2020 To

1. The Superintending Engineer Udumalpet Electricity Distribution Circle Udumalpet 642 126

2. The Assistant Engineer Operation & Maintenance Tamil Nadu Generation & Distribution Corporation Ltd., Dhalavoipattinam Dharapuram Taluk.

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