S.Nagarathinam v. Supriya Sahu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND in W.P.(MD) No.9791 of 2024 1.S.Nagarathinam 2.K.Natarajan 3.R.V.Veluchamy 4.S.G.Karuppiah 5.M.Sathana Karuppiah 6.K.Periyasamy 7.A.Shanmugavel 8.K.Panchacharam 9.S.Manickam 10.C.Thavasi 11.K.Venkatasubramani 12.N.Panchavarnam
13.P.Jeganathan 14.S.Mohan 15.A.Bilavaendran 16.K.Dharmarajan 17.P.Loga Subramanian 18.A.Karuppan 19.R.Adaikalam 20.S.Veerapadran 21.T.Muthukuri 22.M.Ramiah 23.M.Chandran 24.V.Shanmugam 25.G.Shyamala 26.C.Paulraj 27.S.Gulabjan .. Petitioners Vs.
1.Supriya Sahu, The Secretary to Government, Health and Family Welfare Department, Chennai-9
2.T.S.Selva Vinayagam, The Director of Public Health and Preventive Medicine, DMS Compound, Chennai-6 3.D.A.Sekar, The Principal Accountant General, Accounts and Entitlements, 361, Anna Salai, Teynampet, Chennai-18.
.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for the willful disobedience and wantonly disobeying of the order passed in W.P.(MD) No.9791 of 2024 dated 23.04.2024.
For Petitioner :
Mr.C.Jeganathan For R1 & R2 :
Mr.Raveendran Senior Counsel Assisted by Mr.T.Amjad Khan
ORDER
This contempt case has been filed complaining willful disobedience of the order dated 23.04.2024 in W.P.(MD)No.9791 of 2024.
2. While allowing the writ petition, this Court directed the respondents therein to refix the pension of the petitioners based on the notional promotion granted to the petitioners retrospectively within a period of 8 weeks from the date of receipt of a copy of the order.
3. As per the learned counsel for the petitioner, this order was communicated to the respondents on 06.09.2024. Finally, on 27.02.2025, the pension of the petitioners was refixed.
4. On behalf of the respondents, counter affidavit has been filed. Based on the averments made in the counter affidavit, the learned senior counsel appearing for the respondent submits that to refix the pension of 27 petitioners in this case they sent proposals on different dates to the Principal Accountant General office and thereafter, the Principal Accountant General issued the sanctioned order on different dates. The learned senior counsel further contends that to implement the order in true letter and spirit, admittedly, there is some delay, which is caused due to the reasons stated in the affidavit, which are not intentional.
5. The learned senior counsel for the respondents drawn attention of this Court to the unconditional apology tendered by the respondents in their affidavits for the delay caused in implementing the order of this Court.
6. Considering the fact that the order of this Court is complied with and the reasons stated for the delay caused in implementing the order of this Court is reasonable, this Court intends to take lenient view towards the respondents for the delay by accepting their unconditional apology.
7. In view of the above factual position, no further adjudication is required in the present contempt petition.
8. Accordingly, the contempt petition is closed. 18.03.2025 NCC : Yes/No Index : Yes/No Internet : Yes Sn
To 1.M/s.Supriya Sahu, The Secretary to Government, Health and Family Welfare Department, Chennai-9 2.Mr.T.S.Selva Vinayagam, The Director of Public Health and Preventive Medicine, DMS Compound, Chennai-6 3.Mr.D.A.Sekar, The Principal Accountant General, Accounts and Entitlements, 361, Anna Salai, Teynampet, Chennai-18.
BATTU DEVANAND, J.
Sn Dated : 18.03.2025