K. Bhama, v. N. Nagendran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUB A(MD) Nos.103, 105 and 106 of 2024 in SUB A(MD) No.103 of 2024:

K. BHAMA, ... Petitioner / 3rd Contemnor Vs 1 N. NAGENDRAN 2 D.S.VINCENT 3 K.MURUGAN 4 A.VENKATACHALAM 5 R.RENGARAJAN ... Respondents 1 to 5 / Petitioners 6 K.PHANINDRA REDDY IAS THE STATE OF TAMIL NADU, REPRESENTED BY ITS PRINCIPAL SECRETARYY TO GOVERNMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

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7 T.UDAYACHANDRAN IAS THE STATE OF TAMIL NADU, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

... Respondents 6 & 7 / Contemnors 1 & 2 8 ARUMUGAM ... 8th Respondent / 4th contemnor SUB A(MD) No.105 of 2024:

T.UDHAYACHANDRAN, IAS PRINCIPAL SECRETARY TO GOVERNMET, FINANCE DEPARTMENT, SECRETARIAT, ST.GEORGE FORT, CHENNAI 9.

... Petitioner / 2nd Contemnor Vs 1 N. NAGENDRAN 2 D.S.VINCENT 3 K.MURUGAN 4 A.VENKATACHALAM 5 R.RENGARAJAN ... Respondents 1 to 5 / Petitioners 6 K. PHANINDRA REDDY, ADDITIONAL SECRETARYY TO GOVERNMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 9.

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7 K. BHAMA, 8 A. ARUMUGAM, ... Respondents 6 to 8 / Respondents 2 to 4 SUB A(MD) No.106 of 2024 K.PHANINDRA REDDY, THE STATE OF TAMIL NADU REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 9 ... Petitioner / 1st Contemnor Vs 1 N. NAGENDRAN 2 D.S.VINCENT 3 K.MURUGAN 4 A.VENKATACHALAM 5 R.RENGARAJAN ... Respondents 1 to 5 / Petitioners 6 T. UDHAYACHANDRAN, PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 9 3/7

7 K. BHAMA, 8 A. ARUMUGAM, ... Respondents 6 to 8 / Respondents 2 to 4 Prayer in SUB A(MD). 103/ 2024 :

To Accept this affidavit and dispense with the personal appearance before this Honourable Court and purge out of the Contempt. Prayer in SUB A(MD). 105/ 2024 :

To Dispense with the personal appearance of the petitioner / 1st Contemnor on 28.03.2024.

Prayer in SUB A(MD). 106/ 2024 :

To Dispense with the personal appearance of the petitioner / 1st Contemnor on 28.03.2024.

Prayer in CONT P(MD). 2060/ 2023 :

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnors/1st to 4th Respondents for the deliberate and willful disobedience of the order dated 02.03.2023 passed by this Honourable Court in W.P. (MD). No. 644 of 2020.

Prayer in WP(MD). 644/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Calling for the records relating to the impugned order passed by the 1st respondent vide his proceedings G.o.(MS) No.142 Transport (E) Dept. dated 26.08.2019 and quash the same as illegal in so far as it relates to clause 3(b) an (c) are 4/7

concerned and consequentially to direct the respondents to pay the arrears of revision of pension as per 7th pay Commission in terms of G.O.(Ms) NO.134 TRansport (D) Dept. dated 09/04/2018 which was issued based on G.O.Ms.No.303 Finance (pay cell) dept. dated 11/10/17 by the 1st respondent and the consequential circular dt 9.5.2018 issued by the 3rd respondent in which notional effect is from 01.01.2016 and monetary benefits effect is from 01.10.2017 and also to pay to the dearness allowances at the present rate of 17% and to pay the dearness allowances in future on par with employees in service within the period that may be stipulated by this Hon'ble Court.

ORDER : These sub applications coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.SC.HEROLD SINGH, Advocate for the petitioner in SUB A(MD) No.103 of 2024 and Mr.VEERA KATHIRAVAN, Additional Advocate General assisted by Mr.M.SENTHIL AYYANAR, Government Advocate for the petition in SUB A(MD) Nos.105 and 106 of 2024 and of Mr.C.VENKATESH KUMAR, Advocate for M/s.AJMAL Associates on behalf of the Respondent Nos.1 to 5 in all applications, the Court made the following order:- These petitions are ordered as prayed for.

sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1 K.PHANINDRA REDDY IAS THE STATE OF TAMIL NADU, PRINCIPAL SECRETARYY TO GOVERNMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

2 T. UDHAYACHANDRAN, PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI 9 3 K. BHAMA, 4 A. ARUMUGAM,

ORDER

IN SUB A(MD) Nos.103, 105 and 106 of 2024 in Date :28/03/2024 6/7

ED/JGB /SAR- (26/04/2024) 7P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7