P. Ramachandran v. Mr.M.L. Manikanda Nair
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.09.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CONT.P(MD)Nos.589 and 590 of 2016 IN W.A.(MD)NOS.1059 and 1060 of 2014 Cont.P(MD)No.589 of 2016 P.Ramachandran ... Contempt Petitioner/Respondent Vs.
1. Mr.M.L.Manikanda Nair, Deputy General Manager, State Bank of India, Zonal Office, No.2, Dr.Ambedkar Road, Madurai-2.
2. Mr.P.K.Mohandos, Assistant General Manager, State Bank of India, Region-I, Zonal Office, No.2, Dr. Ambedkar Road, Madurai-2.
(Now Re-designated as Regional Manager-RBO-I)
3. Mr.S.Narasimhan, Assistant General Manager, State Bank of India, Region-II, Zonal office, No.2, Dr. Ambedkar Road, Madurai-2.
(Now re-designated as Regional Manager-RBO-II) ...Contemnors/Appellants 1 to 3 PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, praying this Court to punish the respondents for willfully disobeying the order passed by this Court in W.A.No.1059 of 2014, dated 08.09.2014 confirming the order in W.P.(MD) No.4037 of 2006, dated 23.01.2014.
Prayer in WA(MD). 1059/ 2014 :
This Appeal is filed under Clause 15 of the Letters Patent Act against the order of this Court dated 23.01.2014 passed in WP.(MD). No.4037/2006.
Prayer in WP(MD). 4037/ 2006 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to implement the order of promotion dt. 03/02/2001 to the post of Senior Assistant with effect from 01/04/99 and to give the consequential further promotion, monitory benefit and all other service benefits. Cont.P(MD)No.590 of 2016 P.Ramachandran ... Contempt Petitioner/Respondent Vs.
1. Mr.B.Ramesh Babu, Chief General Manager, State Bank of India, Local Head Office, College Road, Nungambakkam, Chennai-600 006.
2. Mr.P.K.Mohandos, Assistant General Manager (Admin) State Bank of India, Region-I, Zonal Office, No.2, Dr.Ambedkar Road, Madurai-2.
(Now re-designated as Regional Manager-RBO-I) ... Contemnors/1 & 2 Appellant PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, praying this Court to punish the respondents for willfully disobeying the order passed by this Court in W.A.No.1060 of 2014 dated 08.09.2014 confirming the order in W.P.(MD) No.4988 of 2010 dated 23.01.2014.
Prayer in WA(MD). 1060/ 2014 :
This Appeal is filed under Clause 15 of the Letters Patent Act against the order of this Court dated 23.01.2014 passed in WP.(MD). No.4988/2010.
Prayer in WP(MD). 4988/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS directing the respondents to include the petitioner in the
list for in cadre list for Special Assistants and give the promotion with effect from 1.8.2004 and to give the consequential monetary benefit and all other service benefits.
For Petitioner : Mr.S.Natarajan (in both petitions) For Respondents : Mr.S.Sethuraman (in both petitions) COMMON ORDER [Order of the Court was delivered by M.M.SUNDRESH, J.] The matter has been resolved in the Mediation Centre, as seen from the agreement, dated 4.8.2017.
2.The learned counsel for the Petitioner would submit that he is entitled for interest. This Court is afraid of passing such order, as there was no mention regarding the same, in the order passed by the learned Judge. Hence we do not find any wilful disobedience in the order. If the Petitioner wants any interest, he has to work out his remedy by way of independent proceedings. 3.In view of the above, the Contempt Petitions stand closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar + 1 CC TO Mr.S.NATARAJAN, ADVOCATE IN SR No. 77546 + 2 CC TO Mr.S.SETHURAMAN, ADVOCATE IN SR Nos. 77060 and 77061 VSN TE/SKN-RSK/SAR-II : 20/09/2017 : 3P/4C CONT.P(MD)Nos.589 and 590 of 2016 IN W.A.(MD)NOs.1059 and 1060 of 2014 07.09.2017