Madras High CourtCONT P(MD)/917/2020closed

K.Periyasamy v. M.James

2020-12-16Honourable Mr Justice Krishnan Ramasamy2 pages

Cont.P.(MD).No.917 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Cont. P. (MD)No.917 of 2020 in WP(MD)No.5998 of 2016 K.Periyasamy ... Petitioner/ Petitioner Vs.

M.James, The Correspondent, C.E.Higher Secondary School, Vannarpet, Puthur, Trichy - 17. ... Contemnor /respondent Prayer : Contempt Petition is filed under Section 11 of the Contempt of Court Act, to punish the respondents for the wanton and wilful disobedience of the order passed by this Court in W.P.(MD)No.5998 of 2016, dated 19.06.2019.

Prayer in WP(MD). 5998 of 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of suspension of the 4th respondent dated 17.3.2016 and the consequential impugned charge memo of the 4th respondent dated 17.03.2016 quash the same and consequently direct the respondents herein to regularize the period of suspension of the petitioner with all monetary and service benefits. For Petitioner : Mr.B.Satheshkumar For Respondent : Mr.K.Ragatheesh Kumar for M/s.Issac Chambers

O R D E R

Alleging disobedience of the order passed by this Court in W.P. (MD)No.5998 of 2016, dated 19.06.2019, the present Contempt Petition has been filed.

2. The learned counsel appearing for the respondent submitted that in compliance of the order passed by this Court in W.P.(MD) No.5998 of 2016 dated 19.06.2019, the respondent has disbursed the subsistence allowance of Rs.4,91,000/- (Rupees Four Lakhs and Ninety one Thousand only) by way of Demand Draft, dated 26.11.2020, drawn at State Bank of India. Therefore, the order of this Court, dated 19.06.2019, has been duly complied with.

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Cont.P.(MD).No.917 of 2020

3. However, the learned counsel appearing for the petitioner submitted that the petitioner is entitled to Rs.10,44,699/-, whereas he has received a sum of Rs.4,91,000/-. Therefore, he wanted the calculation with regard to the subsistence allowance.

4. The learned counsel appearing for the respondent submitted that the order passed by this Court is only to dispose of the representation of the petitioner.

5. Therefore, this Court directs the respondent to provide the copy of the order of disposal and the calculation for subsistence allowance of Rs.4,91,000/- to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, this Contempt Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Akv 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 Mr.M.James, The Correspondent, C.E.Higher Secondary School, Vannarpet, Puthur, Trichy - 17.

+1cc to M/s.Issac Chambers,Sr.No.25935 Cont.Petition (MD)No.917 of 2020 16.12.2020 VB (08.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2