Madras High Court
R. Mageshwari vs N. Muruganandam on 3 April, 2023
Contempt Petition No.2 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 3/4/2023
CORAM
THE Hon'ble Mr.Justice D.KRISHNAKUMAR
and
THE HONBLE Ms.Justice K.GOVINDARAJAN THILAKAVADI
Contempt Petition No.2 of 2023
R. Mageshwari ... Petitioner
Vs
1. N. Muruganandam
2. K. Manivasan
3. Sandeep Saxena ... Respondents
PRAYER : Contempt Petition filed under Section 11 of Contempt of
Courts Act, 1971, to punish the respondents for their willful disobedience
and defiance of the order of this Court, dated 27/4/2021 in C.M.P.Nos.8102
of 2021 in W.A.No.1275 of 2021.
For appellant ... Mr.M.Mahamani
For respondents ... Mr.C.S.Vaidyanathan
Senior Advocate
Supreme Court of India
for
Ms.C.N.G.Niraimathi
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Contempt Petition No.2 of 2023
Mr.J.Ravindran
Additional Advocate General
Assisted by
Mr.L.S.M.Hasan Fizal
Additional Government Pleader
for R.R.2 and 3.
-----
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J)
This Contempt Petition has been filed to punish the respondents for
their willful disobedience and defiance of the order of this Court, dated
27/4/2021, in C.M.P.Nos.8102 of 2021 in W.A.No.1275 of 2021.
2. The facts leading to disposal of the Contempt Petition are as
follows:-
Challenge was made to G.O.Ms.No.71, Finance Cell Department,
dated 26/2/2011 and consequently, pay in terms of G.O.Ms.No.283, dated
26/8/2010 had been considered by the Division Bench and by a common
order, dated 27/2/2014, had disposed of the writ appeal. The said common
judgment was challenged before the Hon'ble Supreme Court and after
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Contempt Petition No.2 of 2023
entertaining, Special Leave Petitions were converted as Civil Appeal
Nos.10029, 10030 – 19189, 10190, 10191 and 10192 of 2017 and vide,
common judgment, dated 28/11/2019, appeals were disposed of. Being
aggrieved, writ petitions have been filed before this Court as well as
Madurai Bench of Madras High Court and interim orders were granted.
Following the same, vide, order, dated 27/4/2021, a Hon'ble Division Bench
of this Court has ordered thus:-
“It is also to be noted that at this juncture, any
interim protection is always subject to the result of
the writ petitions, subject to the appellant in
W.A.Nos.1271, 1273 and 1275 of 2020 filing
affidavit of Undertaking that in the event of they
being unsuccessful in the pending writ petitions, they
will pay back the salary and emoluments received
pursuant to the interim orders passed in the writ
petitions.
14. There shall be stay of operation of the
impugned interim order dated 19/4/2021 in
W.M.P.No.2074/2021 against
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Contempt Petition No.2 of 2023
W.M.P.No.25168/2020 in W.P.No.20397/2020 till
3/6/2021 and the affidavit of undertaking shall be
filed on or before 1/6/2021.”
3. Since non-compliance of the order, affects the petitioner's right to
enjoy the fruits of interim order, instant Contempt Petition has been filed.
4. Reply affidavit has been filed by the respondents, wherein, it is
stated that in the Government Letter No.36432/CMPC/2022-1, dated
19/11/2022, it has been clarified that the employees who were working in 52
categories included in G.O.Ms.242, Finance (Pay Cell) Department, dated
22/7/2013, which they were holding at the time of filing writ petitions and
obtained stay orders from this Court against the reduction in pay scales
ordered in G.O.Ms.No.399 to 422, Finance (Pay Cell) Department, dated
12/11/2020 are entitled for annual increments, selection grade/special grade,
increment for promotion and additional charge allowance.
5. This Court has directed the State not to reduce the scales of pay of
the petitioner and no issue was raised and answered that the petitioner is
entitled to the unintended higher scales of pay in whatever post they are
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serving the disposal of the writ petition.
6. Since these respondents are conscious of the fact that he is making
his reply in a contempt petition, the respondent is refraining from entering
into the merits of the case and submitted that the writ petitioner and
similarly situated persons are not entitled to higher scale of pay in the
promoted category.
7. The said G.O., has been stayed and revision of scale of pay to the
petitioner has been complied with as scale of pay of Rs.15600 – 39100 +
G.P.5400. Now the petitioner is seeking for the payment of scale of pay in
the promotional post. Since the issue is pending, the same has to be decided
in the main writ petition and hence, prays this Court to discharge the
respondents from contempt notice.
8. Heard Mr.M.Mahamani, learned counsel for the petitioner,
Mr.C.S.Vaidyanathan, learned Senior Advocate for the first respondent and
Mr.J.Ravindran, learned Additional Advocate General for the respondents 2
and 3.
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9. Mr.M.Mahamani, learned counsel appearing for the petitioner
submitted that the stay order is in force and the act of non-admission of
salary bill and return of the same by the respondents with an intention is a
clear case of Contempt of Court.
10. Admittedly, the petitioner is seeking for a scale of pay in the
promotion post and the petitioner has not filed an application to amend the
prayer in the writ petition. Further, the first respondent has specifically
replied in the reply affidavit that necessary reply on the pre-contempt notice
has been sent to the counsel for the petitioner, vide, Government
Lr.No.36432/CMPC/2022-1, dated 19/11/2022 and despite the same,
Contempt Petition has been filed.
11. Accepting the explanations in the reply statement filed by the first
respondent, we are satisfied that the respondents have not violated the order
passed by this Court. Since no contempt is made out, this Court is of the
considered view to close the Contempt Petition.
12. Accordingly, this Contempt Petition is closed.
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13. At this stage, both the parties have requested for early disposal of
the writ petition. Considering the above, the learned Single Judge is
requested to dispose of the writ petition, within a period of three months,
from the date of receipt of a copy of this order. Parties are at liberty to raise
all the points before the learned Single Judge.
(D.K.K.,J) (K.G.T.,J)
rd
3 April, 2023
mvs.
Inde: Yes/No
Neutral Citation: Yes/No
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Contempt Petition No.2 of 2023
D.KRISHNAKUMAR,J
AND
K.GOVINDARAJAN THILAKAVADI,J
mvs.
Contempt Petition No.2 of 2023
3/4/2023
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