Madras High Court
Pokkuvarathuk Kazhaka Oyvu Petra vs J.Radhakrishnan on 22 January, 2021
Cont.P.No.917/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 22.01.2021
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN
Cont.P. No.917 of 2019
1.Pokkuvarathuk Kazhaka Oyvu Petra
Aluvalar Nala Sangam Kovai,
(Regd.No.269/2011)
Rep. By its Secretary.
2.K.Singaram .. Petitioners
- Vs -
1.J.Radhakrishnan,
The Additional Chief Secretary to Government,
Transport Department,
Secretariat, Fort. St. George,
Chennai 600 009.
2.K.Shanmugam,
The Additional Chief Secretary to Government,
Finance Department, Secretariat,
Fort. St. George, Chennai 600 009.
3.V.Venkatarajan,
The Administrator,
TNSTC Employees Pension Fund Trust,
SETC Office complex,
2, Pallavan Salai, Chennai 600 002.
1/5
https://www.mhc.tn.gov.in/judis/
Cont.P.No.917/2019
4.V.Baskaran,
The Managing Director,
State Express Transport Corporation Tamil Nadu Ltd,
Thiruvalluvar House,
Pallavan Salai, Chennai 600 002.
5.R.Muthukrishnan,
The Managing Director,
Tamil Nadu State Transport
Corporation (Coimbatore) Ltd.,
37, Mettupalayam Road,
Coimbatore 641 043. .. Respondents
Contempt Petition filed under Section 11 of the Contempt of Courts
Act, 1971, praying to punish the respondents for wilful disobedience of the
order of this Court in W.P.No. 26478 of 2018, dated 31.01.2019.
For Petitioner : Mr. Srinivasamoorthy for
M/S.Row and Reddy
For Respondents : M/S.P.Raja Lakshmi, AGP for RR1 &2
: Mr.C.S.K.Sathish for R3
: Mr.K.Kathiresan for R4
:Mr. A.Sundarvadhanan for R5
ORDER
Today, when this Contempt Petition was taken up, the learned
counsel appearing for the parties jointly submitted that subsequent to the
filing of this petition, G.O.(Ms)No.142, Transport (E) Department, dated
26.08.2019, came to be passed and the same was the subject matter of
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Cont.P.No.917/2019
W.A.(MD)Nos.1122 to 1127 and 475 of 2019, which, by judgment dated
14.11.2019, were partly allowed, the operative portion of which, is
profitably, extracted hereunder:-
“8.In our considered view, the reasonable approach for
the respondents / writ petitioners to take is to accept the
directions issued in the Government Order and obtain
monetary benefits prospectively with liberty to question that
portion of the Government Order, which is not beneficiary and
prejudicial to the respondents / writ petitioners. There appears
to be no serious objection for such course being adopted by the
respondents / writ petitioners. In the light of the above, these
writ appeals are partly allowed and the directions issued in the
writ petitions are set aside and modified as follows:-
(a) The appellants are directed to give effect to the
Government Order in G.O.Ms.No.142, Transport (E)
Department, dated 26.08.2019 and extend the benefits granted
by the Government in paragraph 3(b) of the Government
Order, pay monetary benefits prospectively within a period of
twelve weeks from the date of receipt of a copy of this order.
(b) We make it clear that acceptance of the payments by
the respondents / writ petitioners shall be without prejudice to
their rights to question that portion of the Government Order,
which according to them are prejudicial to the interest and
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Cont.P.No.917/2019
such other matter as they deem appropriate to adjudicate.
No costs. Consequently connected miscellaneous petitions are
allowed.”
Thus, according to the learned counsel, nothing survives for adjudication
herein.
2.Recording the above, this contempt petition stands closed.
22.01.2021
Index : Yes/No
Speaking/Non-speaking
Internet : Yes/No
jrs
https://www.mhc.tn.gov.in/judis/
Cont.P.No.917/2019
R.MAHADEVAN, J.
jrs
Cont.P. No.917 of 2019
22.01.2021
https://www.mhc.tn.gov.in/judis/
