M.Devimeena, v. Mr.R.Saravanakumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Devimeena ... Petitioner vs.

R.Saravanakumar, IRS, The Commissioner, Union of India represented by its Commissioner of Central Excise, Madurai - 625 002.

... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, to initiate contempt proceedings against the contemnor/respondent and punish him for the wilful disobedience of the order passed by this Court in W.P(MD)No.3416 of 2017, dated 08.06.2017.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.R.Nantha Kumar Senior Central Government Standing Counsel Assisted by Mrs.S.Ragaventhre Central Government Standing Counsel 1/4

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Alleging non compliance of the order passed by this Court in W.P(MD)No.3416 of 2017, dated 08.06.2017, this Contempt Petition has been filed.

2.On a careful reading of the order passed in the Writ Petition in W.P(MD)No.3416 of 2017, dated 08.06.2017, it is seen that in paragraph No.5 of the operative portion of the order it is stated that "Accordingly, this Writ Petition is allowed and the operative portion of the direction issued by the Tribunal, more particularly in paragraph No.8, is set aside and the respondents are directed to permit the petitioner to join duty and continue to serve the department in the capacity of Inspector. The above direction be implemented by the respondent within a period of three weeks". 3.The learned Central Government Standing Counsel appearing for the respondent has filed a compliance memo before this Court, dated 25.11.2020, wherein, it is stated that the petitioner's period of interruption in service, namely from 04.03.2014 to 27.02.2016 which was originally 2/4

treated as EOL, has been now treated as duty period and the order passed by this Court has been complied with.

4.The learned counsel appearing for the appellant also admitted that the petitioner has been continuing in service. 5.In view of the above, there is no wilful disobedience of the order passed by this Court and recording the abovesaid submissions, this Contempt Petition is closed.

[D.K.K.,J.] [R.V.,J.] Index : Yes / No 15.12.2022 Internet : Yes ps To R.Saravanakumar, IRS, The Commissioner, Union of India represented by its Commissioner of Central Excise, Madurai - 625 002.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 15.12.2022 4/4