Madras High CourtCONT P(MD)/434/2020closed

S.Delight v. E.Vasantha

2022-08-08Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Delight ... Petitioner /vs./ E.Vasantha, District Educational Officer, Thoothukudi Educational District, Thoothukudi District.

...Contemnor PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 for disobeying and defying the order dated 18.03.2019 passed in WP(MD)No.20147 of 2018 on the file of this Court in accordance with law. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondent : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

Pursuance to the statutory notice issued by this Court on 15.06.2022, the respondent herein is personally present before this Court. 2.For the purpose of rectification of pay anomaly of the petitioner with his junior, this Court, on 18.03.2019, had directed the authorities to pass orders within a stipulated time. As against the order of the Writ Court, the Department had preferred an appeal in WA(MD)No.182 of 2021 and by order dated 15.04.2021, the Department was granted liberty to consider the case on the basis of the Tamil Nadu Revised Pay Rules, 2017.

3.In accordance with the liberty granted by the Hon'ble Division Bench of this Court, the learned Additional Government Pleader appearing for the respondent produced a copy of the proceedings of the District Educational Officer, Thoothukudi, in Na.Ka.No.5714/Aa2/2018, dated 26.08.2021, whereby the claim of the petitioner was rejected. Copy of the proceedings of the District Educational Officer, Thoothukudi, in Na.Ka.No.5714/Aa2/2018, dated 2/4

26.08.2021 was received by the petitioner on 01.09.2021 and acknowledgement of the same is also produced before this Court. 4.In view of the subsequent developments pending contempt petition and also by taking into account that the proceedings dated 26.08.2021 was issued, based on the liberty granted by the Division Bench of this Court, the disobedience alleged by the petitioner herein cannot be termed to be willful in nature. Accordingly, this Contempt Petition stands closed. 08.08.2022 Index : Yes / No Internet : Yes / No sm TO:

E.Vasantha, District Educational Officer, Thoothukudi Educational District, Thoothukudi District.

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M.S.RAMESH, J.

Sm Order made in Dated:

08.08.2022 4/4