Madras High Court
K.Asokan vs Thiru.Arumugam on 2 July, 2025
CONT.P(MD)No.1035 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1035 of 2024
in
W.P.(MD) No.15538 of 2012
K.Asokan,
S/o.Karuppiah Thevar (Late),
No.222, Parvathi Street,
Nataraj Nagar, Opp to Fenner India Limited,
Madurai 625 016. ... Petitioner
vs.
Thiru.Arumugam,
Managing Director,
Tamil Nadu State Transport Corporation,
(Madurai) Limited,
Bye Pass Road,
Madurai 625 016. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnor/respondent for his wilful disobedience of the order
passed by this Court in W.P.(MD) No.15538 of 2012, dated 14.11.2014.
For Petitioner :Mr.A.K.Thangavelu
For Respondent :Mr.S.Ramachandra Pradeep
Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
CONT.P(MD)No.1035 of 2024
ORDER
This Contempt Petition has been filed with the prayer that the
respondent/contemnor has not complied with the judgment and order passed
by this Court in W.P.(MD) No.15538 of 2012, dated 14.11.2014.
2.Heard Mr.A.K.Thangavelu, learned counsel for the petitioner and
Mr.S.Ramachandra Pradeep, learned standing counsel for the Respondent.
3.The Co-ordinate Bench of this Court in W.P.(MD) Nos.7903 and
15538 of 2012, vide order dated 14.11.2014, had passed the following
common order:-
“ 5.In the result, both the writ petitions stand allowed by setting
aside the impugned orders with further direction issued to the
respondents to sanction annual increment due to the petitioners for the
period in question with consequential monetary benefits. The above
exercise shall be completed within eight weeks from the date of receipt
of a copy of this order. No costs.”
4.The learned counsel for the petitioner submits that challenging the
judgment and order passed in W.P.(MD) No.15538 of 2012, dated
14.11.2014, the respondent has preferred an appeal in W.A.(MD) No.1247 of
2019, before this Court, which was dismissed by the Hon'ble Division Bench
of this Court, vide judgment and order, dated 07.11.2019.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
5.Thus, the learned counsel for the petitioner submits that in spite of
the dismissal of the Writ Appeal, the respondent has not complied with the
directions issued by this Court in W.P.(MD) No.15538 of 2012, dated
14.11.2014. Thus, being no other alternative, the present Contempt Petition
has been filed with the prayer that the respondent/contemnor has wilfully and
deliberately flouted the order passed by this Court and is in contempt of the
judgment and order of this Court dated 14.11.2014. Thus, he should be
summoned and punished by exercising the powers under Sections 11 and 12
of the Contempt of Courts Act, 1971.
6.Today, when the matter is taken up, Mr.S.Ramachandra Pradeep,
learned standing counsel for the respondent, has produced an affidavit of
compliance of the respondent, in which it has been stated in paragraph No.5
that the judgment and order passed by this Court in W.P.(MD) No.15538 of
2012, dated 14.11.2014 has been fully complied with. The compliance
affidavit filed by the respondents is taken on record and a copy of the same
has also been given to the learned counsel for the petitioner.
7.The learned standing counsel further submits that the respondent
has already settled an amount of Rs.14,012/-, Rs.9,277/- and Rs.74,885/-
towards difference of gratuity, difference of leave salary and difference of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
pension arrears respectfully to the petitioner and no amount is due to the
petitioner. Thus, he submits that the respondent may be discharged from the
present contempt proceedings, as the judgment and order of this Court dated
14.11.2014 has been fully complied with by the respondent.
8.Mr.A.K.Thangavelu, learned counsel for the petitioner submits that
he has received a copy of the compliance affidavit of the respondent and
submits that the respondent has made full compliance of the judgment and
order passed by this Court in W.P.(MD) No.15538 of 2012, dated 14.11.2014.
9.He further submits that the petitioner has already been settled an
amount of Rs.14,012/-, Rs.9,277/- and Rs.74,885/- towards difference of
gratuity, difference of leave salary and difference of pension arrears
respectfully to the petitioner and no amount is due to the petitioner. Thus, he
submits that he has no objection, if the respondent is discharged from the
present contempt proceedings, as the judgment and order of this Court dated
14.11.2014 has been fully complied with by the respondent and the present
Contempt Petition may also be disposed of.
10.Accordingly, in view of the submissions made by the learned
counsel for the parties, after perusal of the judgment and order passed in
W.P.(MD) No.15538 of 2012, dated 14.11.2014 and in W.A.(MD) No.1247 of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
2019, dated 07.11.2019 and after perusal of the compliance affidavit filed by
the respondent, this Court satisfied that the direction issued by this Court in
W.P.(MD) No.15538 of 2012, dated 14.11.2014 and in W.A.(MD) No.1247 of
2019, dated 07.11.2019 has been fully complied with by the respondent and
there is no justification in continuing the present contempt proceedings
against the respondent.
11.Accordingly, the Contempt Petition is finally disposed of and the
respondent is discharged from the present contempt proceedings. The file is
consigned to record. No costs.
Index :Yes / No 02.07.2025
Internet :Yes / No
mm
To
Managing Director,
Tamil Nadu State Transport Corporation,
(Madurai) Limited,
Bye Pass Road,
Madurai 625 016.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
SHAMIM AHMED, J.
mm
02.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 05:20:35 pm )
