Madras High Court
R.Jothimani(Died) vs Mr.V.Bharathidhasan on 3 August, 2022
Cont.P.(MD).No.1268 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
Cont.P(MD)No.1268 of 2020
in
W.A(MD)No.609 of 2019
R.Jothimani(Died)
J.Shanthi .. Contempt Petitioner/Respondent
Vs.
1.Mr.V.Bharathidhasan
The Assistant Executive Engineer,
WRO(PWD)
Officer of Vaippar Vandinila Sub-Division
Virudhunagar,
Virudhunagar District.
2.Mr.K.Gurusamy, M.E.,
The Executive Engineer,
WRO(PWD)
Vaippar Vandinila Division,
Virudhunagar,
Virudhunagar District.
3.P.Krishnan, B.E.,
The Chief Engineer,
Public Works Department,
Water Resources Organization,
Madurai Region,
Madurai-625 002.
https://www.mhc.tn.gov.in/judis
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Cont.P.(MD).No.1268 of 2020
4.K.Ramamoorthy,B.E.,
The Principal Chief Engineer cum
Chief Engineer(General)
Water Resources Organization,(PWD)
Chepauk,
Chennai-600 005.
5.The Joint Secretary,
(At present this post is not occupied by anybody)
The State of Tamil Nadu
Public Works (c2) Department,
Fort St.George,
Chennai-9. ..Contemnors/Appellants
(The cause title accepted as per Court order dated 15.12.2020 in
Sub.A(MD)No.143/2020)
Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, to
punish the respondents for wilfully violating and disobeying the order passed
by this Court in W.A(MD)No.609 of 2019 dated 13.06.2019.
For Petitioner : M/s.Vijayakumari Natarajan
For Respondents : Mr.N.Satheeshkumar
Additional Government Pleader
ORDER
(Order of the Court was made by S.S.SUNDAR.J.,)
Alleging wilful disobedience of the order of this Court in
W.A(MD)No.609 of 2019 dated 13.06.2019, the above Contempt Petition is
filed.
https://www.mhc.tn.gov.in/judis
Cont.P.(MD).No.1268 of 2020
2.Heard M/s.Vijayakumari Natarajan, learned counsel appearing for
the petitioner and Mr.N.Satheeshkumar, learned Additional Government
Pleader appearing for the respondents.
3.This Court dismissed the Writ Appeal in the following lines:
“3.From the impugned order, we find that the Writ Court
has referred to several Government Orders, whereby the service
of daily wage employees and NMR employees have been
regularized on the basis that they have rendered more than ten
years of service. In addition, the Writ Court has referred to and
followed the order passed in W.P(MD)No.11855 of 2007, whereby
the petitioner therein, who was also a night watchman, was
directed to be reinstated in service with continuity of service and
all attendant benefits without back wages and also directed to be
regularized. The Writ Court has specifically referred to the fact
that the respondent herein was in service right from 12.10.1983
until his retirement on 31.05.2011 and through out the said
period, his service has not been regularized, though several
Government Orders have been issued from time to time, based on
the recommendations of the third and fourth respondents in the
writ petition. Accordingly, we do not find any reason to interfere
with the impugned order, except to the limited extent of modifying
the rate of interest as 5% p.a., instead of 7.5% as specified in the
impugned order.
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Cont.P.(MD).No.1268 of 2020
4.At this juncture, the learned Additional Government
Pleader seeks twelve weeks time to comply with the modified
order as stated supra.
5.Considering the submission of the learned Additional
Government Pleader, twelve weeks time, from the date of receipt
of a copy of this order, is granted to comply with the order.”
4.The learned Additional Government Pleader appearing for the
respondents produced a copy of the order of communication dated 21.06.2022,
by which, a sum of Rs.1,88,707/- was disbursed to the petitioner towards family
pension and a further sum of Rs.11,19,436/- was also disbursed to the petitioner
through District Treasury, Virudhunagar. Further, the Executive Engineer,
Virudhunagar, in his Communication dated 20.07.2022, has stated that as per
the judgment of this Court, all the monetary benefits for the petitioner was
settled.
5.Though the learned counsel appearing for the petitioner seeks time
to verify the correctness of the statement and the disbursement of amount, this
Court is inclined to close the contempt petition recording the submission of the
learned Additional Government Pleader reporting compliance. Accordingly,
this contempt petition is closed.
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Cont.P.(MD).No.1268 of 2020
6.In case, the submission of facts are not truth, it is open to the
petitioner to recall this order.
(S.S.S.R.J.,) (S.S.Y.J.,)
03.08.2022
Index : Yes / No
Internet: yes / No
Ns
To
1.Mr.V.Bharathidhasan
The Assistant Executive Engineer,
WRO(PWD)
Officer of Vaippar Vandinila Sub-Division
Virudhunagar,
Virudhunagar District.
2.Mr.K.Gurusamy, M.E.,
The Executive Engineer,
WRO(PWD)
Vaippar Vandinila Division,
Virudhunagar,
Virudhunagar District.
3.P.Krishnan, B.E.,
The Chief Engineer,
Public Works Department,
Water Resources Organization,
Madurai Region,
Madurai-625 002.
4.K.Ramamoorthy,B.E.,
The Principal Chief Engineer cum
Chief Engineer(General)
Water Resources Organization,(PWD)
Chepauk,
Chennai-600 005.
5.The Joint Secretary,
(At present this post is not occupied by anybody)
The State of Tamil Nadu
Public Works (c2) Department,
Fort St.George, Chennai-9.
https://www.mhc.tn.gov.in/judis
Cont.P.(MD).No.1268 of 2020
S.S. SUNDAR, J.,
and
S.SRIMATHY,J.,
Ns
Cont.P(MD)No.1268 of 2020
in
W.A(MD)No.609 of 2019
03.08.2022
https://www.mhc.tn.gov.in/judis
