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Madras High CourtSUB A(MD)/130/2022closed

S.Mariappan, v. R.Thirupathi Venkatasamy, I.A.S.,

2023-02-10Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. Civil Appellate Juridiction Friday, the Tenth day of February Two Thousand and Twenty Three

Present

The Hon`ble Mr.Justice M.DHANDAPANI SUB A(MD). 130 to 141/ of 2022 in CONT P(MD).No. 392,383,387,396,376,386,385,379,399,398,384 & 390/2019 S.Mariappan, ... Petitioner/Petitioner/Petitioner in SUB A(MD). 130/ 2022 V.Rajagopal ... Petitioner/Petitioner/Petitioner in SUB A(MD). 131/ 2022 M.Jeyaraman ... Petitioner/Petitioner/Petitioner in SUB A(MD). 132/ 2022 K.Rajakumaran ... Petitioner/Petitioner/Petitioner in SUB A(MD). 133/ 2022 M.Kartuthapandi ... Petitioner/Petitioner/Petitioner in SUB A(MD). 134/ 2022 S.K.Vairavan, ... Petitioner/Petitioner/Petitioner in SUB A(MD). 135/ 2022 S.Chellasamy ... Petitioner/Petitioner/Petitioner in SUB A(MD). 136/ 2022 Suruli ... Petitioner/Petitioner/Petitioner in SUB A(MD). 137/ 2022 V.Shanmugaiah ... Petitioner/Petitioner/Petitioner in SUB A(MD). 138/ 2022 R.Pothiraj ... Petitioner/Petitioner/Petitioner in SUB A(MD). 139/ 2022 M.Shanmugaiah ... Petitioner/Petitioner/Petitioner in SUB A(MD). 140/ 2022 M.Chellasamy ... Petitioner/Petitioner/Petitioner(s) in SUB A (MD). 141/ 2022 Vs

1. R.Thirupathi Venkatasamy, I.A.S., Principal Accountant General (A and E) Pension, 391, Anna Salai, Chennai.

2. Atulya Misra,I.A.S., Secretary, Department of Revenue, 1/6

Government of Tamil Nadu, Government of Tamil Nadu, St.George Fort, Chennai.

3. Shilpa Prabhakar Satish I.A.S.,, District Collector, Tirunelveli District, Tirunelveli.

... Respondent(s)/Contemnors 1to 3 in SUB A (MD). 130 to 141/2022

4. Vijaya, Tahsildar, Sivagiri Taluk Office,

...Respondent(s)/Contemnors in SUB A

(MD). 130,131,134 & 138/2022

4. Rajendran, Tahsildar,Sankarankoviltaluk Office,

...Respondent(s)/Contemnors in SUB A (MD).No.

132,133,135,137,136,139 to 141 of 2022 Prayer: To Reopen the contempt petition respectively in Cont p(MD). No. 392.383,387,376,386,385,379,399,398,384 &390 of 2019 and pass such other orders this court deems fit and proper in the circumstances of the case Respectively.

Prayer in Contempt Petition's:

Pleased to punish the contemnors/Respondents for their wilful disobedience of the order of this Hon'ble Court dated 10.07.2018 passed in WP(MD).No. 13676, 13667, 13671, 13681, 13660, 13670,13669,13663,13686,13682,13668 & 13674 of 2018 Prayer in WP(MD). 13676/ 2018 :

Mandamus directing the Respondents 2 to 4 to sent revised Pension in by the Petitioner as Village Assistant from 29/12/1977 to 01/06/1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13667/ 2018 :

in by the Petitioner as Village Assistant from 30.04.1981 to 2/6

01.06.1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13671/ 2018 :

in by the Petitioner as Village Assistant from 25.09.1984 to 01.06.1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13681/ 2018 :

Mandamus directing the Respondents 2 to 4 to send revise Pension in by the Petitioner as Village Assistant from 06.11.1981 to 01.06.1995.

Prayer in WP(MD). 13660/ 2018 :

Mandamus directing the Respondents 2 to 4 to sent revise Pension in by the Petitioner as Village Assistant from 27.03.1976 to 01.06.1995.

Prayer in WP(MD). 13670/ 2018 :

Mandamus directing the Respondents 2 to 4 to sent revised Pension in by the Petitioner as Village Assistant from 27/08/1982 to 01/06/1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13669/ 2018 :

Mandamus directing the Respondents 2 to 4 to send revise Pension in by the Petitioner as Village Assistant from 20.01.1977 to 01.06.1995.

Prayer in WP(MD). 13663/ 2018 :

Mandamus directing the Respondents 2 to 4 to sent revise Pension in by the Petitioner as Village Assistant from 24.01.1973 to 3/6

01.06.1995.

Prayer in WP(MD). 13686/ 2018 :

in by the Petitioner as Village Assistant from 01.07.1987 to 01.06.1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13683/ 2018 :

in by the Petitioner as Village Assistant from 31.03.1983 to 01.06.1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13668/ 2018 :

in by the Petitioner as Village Assistant from 15.05.1982 to 01.06.1995 within a specified time frame that may fixed by the Prayer in WP(MD). 13674/ 2018 :

in by the Petitioner as Village Guard/Assistant from 13.04.1981 to 01.06.1995 within a specified time frame that may fixed by the ORDER:- These Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Ms. T.S.Mohammed Mohideen, Advocate for the Petitioner and of Ms. P. Gunasekaran, Advocate for first Respondent, G.V. Vairamsanthose, Government Advocate for the second to forth respondent(s), this Court made the following order:

This applications have been filed to re-open the contempt petitions in Cont.P(MD)Nos.392, 383, 387, 396, 376, 386, 385,379, 399, 398, 384 and 390 of of 2019. For non-compliance of the order of this Court dated 10.02.2020, the said Contempt Petitions are filed and same was closed by its order dated 04.03.2022. 4/6

2. The petitioners for inclusion of 50% of service rendered by them in the non-provincialized post prior to the regularization filed the writ petitions for mandamus directing the respondents to revise the pension by calculating the period of service rendered by them as Village Assistant in accordance with Tamil Nadu Village Assistants Pension Rules, 1995.

3.This Court, by its order, dated 10.02.2020, issued a direction to the respondents to pay pension amount calculating 50% of the services rendered by the petitioners as Village Assistant prior to their regularization in terms of Section 11(4) of Tamil Nadu Pension Rule. Since the said direction was not complied with by the respondents, the contempt petitions are filed.

4. The facts remains that the post of Village Assistant is not within the ambit of Section 11(4) Tamil Nadu Pension Rules, 1978 and the petitioners are not entitled to 50% of the services rendered by them. However, the said issue was settled by the Hon'ble Division Bench of this Court in W.A(MD) No.1629 of 2018 etc., batch in the case of State of Tamil Nadu and others Vs E.Balachandran reported in 2021(3) MLJ 92 and the same was confirmed by the Hon'ble Supreme Court in S.L.P.Nos.736 to 766 of 2021.

5. In view of the above, there is no wilful disobedience. Accordingly, these Sub Applications are closed. Sd/- Assistant Registrar(CS-I) // True Copy // /05/2023 Sub Assistant Registrar(CS) TO

1. The Principal Accountant General (A and E) Pension 391 Anna Salai Chennai.

2. The Secretary Department of Revenue Government of Tamil Nadu Government of Tamil Nadu St.George Fort Chennai.

3. The District Collector Tirunelveli District, Tirunelveli.

4. The Tahsildar Sivagiri Taluk Office 5 The Tahsildar, 5/6

Sankarankoviltaluk Office, Copy to:

The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai +1CC to M/s.SPL GP, SR.No. 7834 of 2023 ORDER DATED : 10/02/2023 ==========================

ORDER

========================== SUB A(MD). No.130 to 141 of 2022 in CONT P(MD).No. 392, 383, 387 ,396 , 376,386,385,379,399,398,384 & 390/2019 Giving direction and etc.

as stated within.

KB(08.05.2023) 6P 8C 6/6