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Madras High CourtCONT P(MD)/1291/2025disposed of

V.Asokan v. V.Dakshinamoorthy I.A.S

2025-07-04Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1291 of 2025 in W.P.(MD) No.17459 of 2021 V.Asokan, S/o. Thiru.S.A.Venugopal, Door No.5/80, Mela Anuppanadi Road, Anuppanadi, Madurai 625 009.

... Petitioner vs.

1.Thiru V.Dakshinamoorthy IAS., Now Agricultural Production Commissioner and Principal Secretary to Government, (Selvi Apoorva IAS (retired), Then Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai 600 009.

2.Thiru.B.Murugesh IAS, Director of Agriculture, Ezhilagam, Chepauk, Chennai 600 005.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for their wilful and deliberate disobedience by not carrying out the orders of this Court in W.P.(MD) No. 17459 of 2021, dated 07.10.2021.

For Petitioner :Mr.S.Visvalingam 1/6

For Respondents :Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the judgment and order of this Court made in W.P(MD) No.17459 of 2021, dated 07.10.2021.

2.Heard Mr.S.Visvalingam, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.

3.This Court, vide judgment and order, dated 07.10.2021, in W.P.(MD) No.17459 of 2021 had passed the following order:- "6. It is not in dispute that there was pay anomaly and the Government vide letter dated 11.12.2014 accepted the same and issued a direction to the second respondent to refix the scale of pay of the petitioner herein and based on the said orders of the Government, the 3rd respondent has also sent the proposals to the second respondent to refix the scale of pay of the petitioner. But the said proposals are still pending with the second respondent. Therefore, the second respondent is directed to forward the proposals submitted by the third respondent to the first respondent within a period of six weeks from the date of receipt of a copy of this order. The first respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of six months thereafter." 2/6

4.The learned counsel for the petitioner submits that the order passed by this Court in W.P.(MD) No.17459 of 2021, dated 07.10.2021, had not been complied with. Thus, the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 07.10.2021. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents has filed an affidavit of compliance of the respondents, dated 03.07.2025, annexing a copy of the Government Order made in G.O.Ms.No.251, Agriculture Welfare Department, dated 03.07.2025, in which it has been stated that the direction issued by this Court, vide order dated 07.10.2021, in W.P.(MD) No.17459 of 2021 has been fully complied with and the petitioner's scale of pay has been refixed in the cadre of Deputy Agriculture Officer. The compliance affidavit filed by the respondents, dated 03.07.2025, is taken on record and a copy of the same has also been given to the learned counsel for the petitioner. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order dated 07.10.2021, passed in W.P. (MD) No.17459 of 2021 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of. 3/6

6.Mr.S.Visvalingam, learned Counsel for the petitioner submits that he has received a copy of the compliance affidavit of the respondents, dated 03.07.2025 along with a copy of the Government Order made in G.O.Ms.No. 251, Agriculture Welfare Department, dated 03.07.2025 and submits that the respondents have made full compliance of the judgment and order passed by this Court in W.P.(MD) No.17459 of 2021, dated 07.10.2021. 7.He further submits that the petitioner's scale of pay has been refixed in the cadre of Deputy Agriculture Officer and thus, he has no objection, if the respondents are discharged from the present contempt proceedings, as the judgment and order of this Court dated 07.10.2021 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of.

8.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records, the compliance affidavit filed by the respondents, dated 03.07.2025 and the Government Order made in G.O.Ms.No.251, Agriculture Welfare Department, dated 03.07.2025 and also considering the fact that the petitioner's scale of pay has been refixed in the cadre of Deputy Agriculture Officer, this Court satisfied that the direction issued by this Court in W.P.(MD) No.17459 of 2021, dated 4/6

07.10.2021 has been fully complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents.

9.Accordingly, the Contempt Petition is finally disposed of and the respondents are discharged from the present contempt proceedings. The file is consigned to record. No costs.

Index :Yes / No 04.07.2025 Internet :Yes / No mm To 1.Agricultural Production Commissioner and Principal Secretary to Government, (Selvi Apoorva IAS (retired), Then Agricultural Production Commissioner and Principal Secretary to Government, Department of Agriculture, Secretariat, Chennai 600 009.

2.Director of Agriculture, Ezhilagam, Chepauk, Chennai 600 005.

5/6

SHAMIM AHMED, J.

mm CONT.P(MD) No.1291 of 2025 04.07.2025 6/6