S.Alagianambi vs Mr.A.Ashok Kumar
2021 Latest Caselaw 2622 Mad

                                                                         Cont.P.(MD).No.1489 of 2019


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 04.02.2021

                                                   CORAM:

                             THE HONOURABLE MR.JUSTICE M.DHANDAPANI


                                        Cont.P. (MD)No.1489 of 2019
                                                    in
                                         W.P.(MD).No.4006 of 2007

                 S.Alagianambi
                                                                                ... Petitioner
                                                        Vs.

                 1.Mr.A.Ashok Kumar,
                   The Chief Engineer (Personnel),
                   Tamil Nadu Generation and Distribution Corporation,
                   8th Floor, N.P.K.R.K.Maligai,
                   144, Anna Salai,
                   Chennai 600 002.

                 2.K.Selvakumar,
                   The Chief Engineer (Distribution),
                   TANGEDCO,
                   Maharaja Nagar,
                   Sivanthiatti Road,
                   Tirunelveli 627 011.

                 3.Mr.J.L.Anand,
                   Superintending Engineer (incharge),
                   (Former incumbent was Additional Chief Engineer),
                   Tirunelveli Distribution Circle,
                   TANGEDCO, Maharaja Nagar,
                   Sivanthipatti Road,
                   Tirunelveli 627 011.



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                                                                            Cont.P.(MD).No.1489 of 2019




                 4.P.Mutharasu,
                   Executive Engineer,
                   TANGEDCO,
                   Tiruchuli Road,
                   Aruppukottai,
                   Virudhunagar District 626 101.

                                                                                ... Respondents


                 Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts
                 Act, 1971, to initiate appropriate contempt proceedings against the respondents
                 herein under Sections 11 and 12 of the Contempt of Courts Act for the wilful
                 disobedience of the order dated 29.01.2014 made in W.P.(MD).No.4006 of
                 2007 and consequently punish the respondents in the event of holding them
                 guilty of the contempt.


                               For Petitioner       : Mr.K.Rajkumar
                               For Respondents      : Mr.T.Sakthi Kumaran
                                                      Standing counsel


                                                    ORDER

Alleging disobedience of the order of this Court in W.P.(MD).No.4006

of 2007, dated 29.01.2014, the petitioner has filed the present contempt

petition.

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Cont.P.(MD).No.1489 of 2019

2. When the matter is taken up for hearing today, the respondents 1, 2

and 3 have filed a counter, in which, in Paragraph No.9, it is stated as follows:

“9. I deny the petitioner statement and humbly stated that, there is no specific mention about the regularisation of the unauthorised absence period in the High Court in W.P.(MD).No. 4006/2007, judgment dated 29.01.2014. As far as the pay fixation of the notional promotion of Inspector of Assessment and Revenue Supervisor, the pay and allowance particulars were called for his Junior Thiru.R.Manikavasagam and received vide SE/Chennai Electricity Distribution Circle / west dated 23.09.2019 and the petitioner pay was revised as per judgment dated 29.01.2014 vide EE/APK/M.No.787/19 dated 23.09.2014.

(i). Arrears amount Rs.3,66,643/- for revised pay fixation.

(ii). Revised Encashment of Earn Leave for 220 days = Rs. 1,23,215/-.

(iii). Revised Encashment of Earn Leave on Private Affairs for 180 days, amounting to Rs.50,407/- was sanctioned and amount disbursed vide Cheque No:150973, dated 08.11.2019 to the petitioner on 13.11.2019.

As per the Hon'ble High Court W.P.(MD).No.4006/2007 order dated 29.01.2014, all eligible promotion and revised arrears amount of totally Rs.5,40,265/- have been made to the petitioner.”

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Cont.P.(MD).No.1489 of 2019

3. In view of the Paragraph No.9 of the counter affidavit, the Contempt

Petition is closed. However, liberty is granted to the petitioner to work out the

remedy, in the manner known to law.

04.02.2021 Index : Yes/No Internet : Yes/No

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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.

To

1.Mr.A.Ashok Kumar, The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation, 8th Floor, N.P.K.R.K.Maligai, 144, Anna Salai, Chennai 600 002.

2.K.Selvakumar, The Chief Engineer (Distribution), TANGEDCO, Maharaja Nagar, Sivanthiatti Road, Tirunelveli 627 011.

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Cont.P.(MD).No.1489 of 2019

3.Mr.J.L.Anand, Superintending Engineer (incharge), (Former incumbent was Additional Chief Engineer), Tirunelveli Distribution Circle, TANGEDCO, Maharaja Nagar, Sivanthipatti Road, Tirunelveli 627 011.

4.P.Mutharasu, Executive Engineer, TANGEDCO, Tiruchuli Road, Aruppukottai, Virudhunagar District 626 101.

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Cont.P.(MD).No.1489 of 2019

M.DHANDAPANI,J.

akv

Cont.P. (MD)No.1489 of 2019 in W.P.(MD).No.4006 of 2007

04.02.2021

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