M.Pitchai Kannu v. Athulya Misra, Ias

Cont P.(MD).No.235 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD).No.235 of 2021 M.Pitchai Kannu ... Petitioner/Petitioner Vs.

Thiru Atulya Misra, I.A.S., Additional Chief Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

... Contemnor/1st Respondent PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act 1971, to punish the respondent herein for his wilful and deliberate disobedience to the order of this Court in W.P.(MD). No.6936 of 2019, dated 10.02.2020.

Prayer in WP(MD). 6936/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent i.e., the Principal secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services put in by the petitioner as Thalayari on consolidated pay on permanent basis for the period from 24.10.1981 to 31.05.1995 and the regular service period put in by him as Village Assistant i.e., from 01.06.1995 to 31.05.2017 and further regular service put in by him as Village Administrative officer from 01.06.2017 to 31.05.2018 i.e., till the date of retirement and arrange to send pension proposals within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Viswalingam For Respondent : Mr.P.Kannithevan Additional Government Pleader

O R D E R

It is stated by the learned Additional Government Pleader that as against the order of the writ Court, a Writ appeal has been filed in W.A.(MD).No.217 of 2021 and the Hon'ble Division Bench had also granted an order of interim stay on 29.01.2021. When the Hon'ble Division Bench had ceased of the matter, challenging the final orders passed in the writ petition, it would not be appropriate to simultaneously proceed with the contempt.

2.In the light of the above observations, the contempt petition stands closed. However, if the petitioner is of the view that there is disobedience of the order of the writ court pursuant https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P.(MD).No.235 of 2021 to the final disposal of the writ appeal, liberty is hereby granted to workout the remedies in accordance with law. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To Thiru Atulya Misra, I.A.S., Additional Chief Secretary to Government, Revenue Department, Secretariat, Chennai-600009.

Cont P.(MD).No.235 of 2021 22.02.2021 SMV(CO) KK(04.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2