K.Sankaran v. A.Kannapiran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU in WP(MD).No.15129 of 2015 K.Sankaran ... Petitioner/Petitioner vs.
1)Mr.A.Kannapiran The Additional Director of Survey & Land Records, Survey & Land Records Department, Chepauk, Chennai-5.
2)Mr.I.Lourthu Samy, The Regional Deputy Director, Survey & Land Records Department, Madurai, Madurai District.
3)Mr.Vasudevan, The Assistant Director, Survey & Land Records Department, Thirunelveli, Thirunelveli District.
... Contemnors/Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the deliberate and willful disobedience of the order dated 24.01.2020 passed by this Hon'ble Court in W.P.(MD).No.15129 of 2015.
Prayer in WP(MD). 15129/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARI calling for the records relating to the impugned punishment order of compulsory retirement passed by the 3rd respondent in his proceedings in Se.Mu.A.No.A4/1034/2010 dated 11.3.2013 and consequential confirmation order passed by the 2nd respondent in his proceedings in Se.Mu.Aa.No.A3/7582/14 dated 09.10.2014 and the consequential rejection order passed by the 1st respondent in his proceedings Na.Ka.La1/12042/15 dated 29.06.15 and quash the same as illegal.
For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader
ORDER
The petitioner filed W.P(MD)No.15129 of 2015 calling for the records relating to the impugned punishment order of compulsory retirement passed by the 3rd respondent in his proceedings in 1/3
Se.Mu.Aa.No.A4/1034/2010 dated 11.03.2013 and consequential confirmation order passed by the 2nd respondent in his proceedings in Se.Mu.Aa.No.A3/7582/14 dated 09.10.2014 and the consequential rejection order passed by the 1st respondent in his proceedings Na.Ka.La1/12042/15 dated 29.06.15 and quash the same. This Court by order dated 24.01.2020, has allowed the writ petition by quashing the impugned orders and directed the respondents to reinstate the petitioner as if he had continued in service with all consequential service and monetary benefits including promotion from the date his immediate junior was promoted. Alleging non compliance of the said order, this contempt petition has been filed. 2.
Today, when the contempt petition is taken up for hearing, the learned Additional Government Pleader has produced the proceedings of the Additional Director of Survey and Land Records, Chennai, in R.C.T3/SR 1327(Sy)-2, dated 18.02.2021, addressed to him and submitted that by order dated 16.02.2021, the Assistant Director of Survey and Land Records, Tirunelveli, has cancelled the order of compulsory retirement and regularised the period from 11.03.2013 to 30.04.2014 (i.e., from the date of compulsory retirement to the actual date of retirement of the petitioner) as duty and by proceedings dated 17.02.2021, annual increments and leave surrender were also ordered to the petitioner and the petitioner was also requested to submit his pension proposal and on receipt of the same, necessary proposal would be sent to the Accountant General.
Thus, he would state that the order passed in the writ petition is complied with.
3.Recording the submission made by the learned Additional Government Pleader and the proceedings of the Additional Director of Survey and Land Records, Chennai, in R.C.T3/SR 1327(Sy)-2, dated 18.02.2021, this Contempt Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
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To 1)Mr.A.Kannapiran The Additional Director of Survey & Land Records, Survey & Land Records Department, Chepauk, Chennai-5.
2)Mr.I.Lourthu Samy, The Regional Deputy Director, Survey & Land Records Department, Madurai, Madurai District.
3)Mr.Vasudevan, The Assistant Director, Survey & Land Records Department, Thirunelveli, Thirunelveli District.
+1 CC to M/s.SPL GP ( SR-6716[F] dated 23/02/2021 ) DATED : 22.02.2021 SSS(CO) KB(08.03.2021) 3P 5C 3/3