Madras High CourtCONT P(MD)/342/2018closed

M.Mohammed Raffi, v. Mr.M.Balasubramanian

2021-02-10Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in WP(MD)No.20714 of 2015 1.M.Mohammed Raffi 2.V.Mohammed Ali 3.E.Shanmugavel 4.S.Murugan 5.A.Ismail 6.M.Habeebullah 7.Annavmuthu ... Petitioners/Petitioners Vs.

M.Balasubramanian, Chief Engineer/Personnel, TANGEDCO/TNEB, No.144, Anna Salai, Chennai ... Contemnor/1st Respondent Prayer: Petition filed under Section 11 of the Contempt of Court Act, to punish the Contemnor/1st Respondent for wilful disobedience of order of this Court, dated 25.07.2017 passed in W.P.(MD)No.20714 of 2015.

Prayer in WP(MD). 20714/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records of the 1st respondent in Memo No.60296/280/G1/G12/2013-60 dated 11.11.15 and Memo No.88345/330/G1/G12/2015-3 dated 11.11.15 and quash the same and consequently (*)direct 1st respondent to promote the petitioners from the date of promotion given to the Mr.Manickam, Serial No.5 in the 2nd impugned order in Memo.No.88345/330/G1/G12/2015-3 dated 11.11.15 with all service and monetary benefits and also, direct the 1st respondent to prepare common seniority list of JE-Grade-II for promotion to the post of JE-Grade-I and benefits. [(*) prayer amended vide court order dated 20.04.2017, made in WMP NO.13387/2016] 1/3

For Petitioner : Mr.H.Arumugam For Respondent : Mr.T.Sakthikumaran Standing Counsel * * * * *

ORDER

This Contempt Petition is filed for non-compliance of the order passed by this Court, made in W.P.(MD)No.20714 of 2015, dated 25.07.2017.

2. This Court issued a direction in W.P.(MD)No.20714 of 2015, dated 25.07.2017, to the first respondent to prepare a common seniority list among the Junior Engineers Grade-II within a period of eight weeks from the date of receipt of a copy of the order.

3. In compliance of the said order, the first respondent issued a seniority panel of Junior Engineer Grade-II, for promotion as Junior Engineer Grade-I, vide proceedings dated 30.07.2020.

4. Learned Standing Counsel appearing for the contemnor/first respondent would submit that it is a common seniority list consisting the persons, who are eligible for the promotion to the next level.

5. Recording the said submission made by the learned Standing Counsel appearing for the contemnor/first respondent, this Contempt Petition is closed, with liberty to the petitioner to work out his remedy in accordance with law.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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 The Chief Engineer/Personnel, TANGEDCO/TNEB, No.144, Anna Salai, Chennai .

+1 CC to Mr.H.ARUMUGAM, Advocate ( SR-4590[F] dated 11/02/2021 ) +1 CC to Mr.T.SAKTHI KUMARAN, Advocate ( SR-4342[F] dated 10/02/2021 ) 10.02.2021 VB (18.02.2021) 3P 4C 3/3