B.Rajeswari vs Thiruvambalam Pillai
2023 Latest Caselaw 9061 Mad

                                                                           Cont.pet.No.1339 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 26.07.2023

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
                                                   AND
                                  THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

                                         Contempt Petition No.1339 of 2023


                     B.Rajeswari                              ...            Petitioner

                                                           ...Vs...

                     1. Thiruvambalam Pillai,
                        Tamil Nadu State Transport Corporation,
                        (cbe), Ltd.,
                        Managing Director,
                        37, Mettupalayam Road,
                        Coimbatore.

                     2. Gopala Krishnan,
                        The Assistant Manager,
                        Tamil Nadu State Transport Corporation,
                        (cbe), Ltd.,
                        Chennimalai Road, Erode.                ....         Respondents



                     Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971
                     to punish the Respondents for wilful disobedience of the order and for
                     committing an act of contempt in failing to comply with the order passed by
                     this Court in W.A.No.1692 of 2022 dated 12.01.2023.


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                                                                                Cont.pet.No.1339 of 2023

                                        For Petitioner    :     Mr.P.Paramasivadoss
                                        For Respondents :       Mr.T.Chandrasekaran
                                                                Special Government Pleader

                                                              ***

                                                              ORDER

This Contempt Petition has been filed alleging non compliance of the

judgment dated 12.01.2023 passed in W.A.No.1692 of 2022 by this Court.

2. When the matter was taken up for hearing on 28.06.2023, the

learned Special Government Pleader had filed an Affidavit dated 27.06.2023,

seeking time to comply with the other portion of the judgment dated

12.01.2023 in W.A.No.1692 of 2022 in granting service benefits and at his

request, the matter was directed to be listed today.

3. Today, when the matter was taken up for hearing, the learned

Special Government Pleader appearing for the Respondents submitted that

promotion has been given to the Petitioner as Assistant Manager with effect

from 24.07.2023 and therefore, the judgment seeking noncompliance of

which, this contempt petition has been filed, has been complied with.

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Cont.pet.No.1339 of 2023

4. In reply, the learned counsel for the Petitioner submitted that even

though promotion has been granted with effect from 24.07.2023, she has not

been granted with monetary benefits that she is entitled to.

5. In the case on hand, the issue is whether promotion and other

benefits have got to be extended with retrospective effect. We are afraid that

this issue cannot be dealt with in contempt jurisdiction, for, in contempt

jurisdiction, what is to be seen is only the compliance or otherwise of the

order and nothing beyond that.

In view of the same, this Contempt Petition stands closed, leaving all

the issues open, to be agitated before the appropriate forum, in the manner

known to law, if so advised.

[S.V.N,J.,] [M.S.Q,J.,] 26.07.2023

arr

https://www.mhc.tn.gov.in/judis

Cont.pet.No.1339 of 2023

S.VAIDYANATHAN, J and MOHAMMED SHAFFIQ, J

arr

Contempt Petition No.1339 of 2023

26.07.2023

https://www.mhc.tn.gov.in/judis

Cont.pet.No.1339 of 2023

26.07.2023

https://www.mhc.tn.gov.in/judis