M.Subburayan v. R. Renuga

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MRS.JUSTICE R.THARANI in W.A(MD)No.895 of 2019 M.Subburayan ... Petitioner/Appellant Vs.

Mrs.R.Renuga, The President, R-1598, Thalavapalayam Primary Agricultural Co-operative Credit Societies, Thelavapalayam Post, Manmangalam Taluk, Karur District. ... Contemnor/3rd respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for her willful disobedience of the order of this Court made in W.A(MD)No.895 of 2019, dated 04.09.2019.

For petitioner : Mr.I.Suthakaran For Respondent : Mr.R.Mathiyalagan

ORDER

******** (Order of the Court was made by M.S.RAMESH, J. The petitioner herein is the employee, who was dismissed from service on proven charges. Challenging the said dismissal order, the petitioner filed a writ petition in W.P(MD)No.13803 of 2019 and the same was dismissed, vide order dated 20.06.2019. Aggrieved against the said order, the petitioner filed a writ appeal in W.A(MD)No.895 of 2019. A coordinate Bench, it its order dated 04.09.2019, directed the respondent to disburse the personal contributions made by the petitioner during his service.

2. Alleging that the petitioner is entitled for Earned Leave Salary, the present contempt petition has been filed.

3. The coordinate Bench had directed the respondent to pay only the personal contributions made by the petitioner during his service and therefore, non-payment of Earned Leave salary or any other benefit, cannot be termed to be disobedience of the order passed by the coordinate Bench.

4. The learned counsel for the respondent, on instructions, submitted that a sum of Rs.1,03,176/- has already been paid to the petitioner on 26.11.2019, towards the contributions made by the petitioner.

5. As such, there is no disobedience of the order passed by the coordinate Bench. Accordingly, this contempt petition stands dismissed.

[M.S.R.,J.] & [R.T.,J.] 23.11.2022 Internet : Yes/No pm

M.S.RAMESH, J.

AND R.THARANI, J.

pm ORDER MADE IN Cont.P(MD)No.1 23.11.2022