Dismissed

Ganapathi v. Aditi Roychoudhury

Madras HC5 Jan 2022CONT P(MD)/1187/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the High Court disposed of multiple contingent contempt petitions filed by former village assistants seeking revised pension calculations. The court held that since the State's Writ Appeal challenging the underlying order was allowed, the contempt petitions for disobeying that order were without merit and therefore dismissed.

What did the court decide?

Contempt petitions Nos. 1187 to 1197 of 2019 were dismissed as the underlying Writ Appeal challenging the impugned order was allowed.

Ganapathi Vs Aditi Roychoudhury — Contempt of Court | Madras HC (2022)

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CONT P(MD).No.1187 TO 1197 OF 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.01.2022

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH Cont.P.(MD).Nos.1187 to 1197 of 2019

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in W.P.(MD).Nos.15005 to 15012 of 2018, 8588, 16550 of 2017 and 16156 of 2018

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Ganapathi	... Petitioner
	in Cont.P.	(MD).No.1187/2019
S.Kombhaiah	... Petitioner in Cont.P.	(MD).No.1188/2019
V.Shanmugaiah	... Petitioner in Cont.P.	(MD).No.1189/2019
Kasipandi	... Petitioner in Cont.P.	(MD).No.1190/2019
Bommusamy	... Petitioner in Cont.P.	(MD).No.1191/2019
A.Veerasooran	... Petitioner in Cont.P.	(MD).No.1192/2019
Gurusamy Thevar	... Petitioner in Cont.P.	(MD).No.1193/2019
Bommusamy	... Petitioner in Cont.P.	(MD).No.1194/2019
Muthupandi	... Petitioner in Cont.P.	(MD).No.1195/2019
Perumalsamy	... Petitioner in Cont.P.	(MD).No.1196/2019
P.Perumal	... Petitioner in Cont.P. vs.	(MD).No.1197/2019

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1.Mrs.Aditi Roychoudhury Principal Accountant General (A & E) Pension, No.391, Anna Salai, Chennai.

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2.Mr.P.Pattamuthu, Thasildar, Kovilpatti Taluk Office, Thoothukudi District.

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... Contemnors

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in Cont.P.(MD).Nos.1187, 1188 & 1192 of 2019, 1196 of 2019/Respondents 1 & 4

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1.Mrs.Aditi Roychoudhury Principal Accountant General (A & E) Pension, No.391, Anna Salai, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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1/5

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CONT P(MD).No.1187 TO 1197 OF 2019

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2.Mr.N.Nellaivendan, Thasildar, Ottapidaram Taluk Office, Thoothukudi District. ... Contemnors in Cont.P.(MD).Nos.1189, 1190, 1191, 1193 to 1195 and 1197 of 2019/Respondents 1 & 4

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PRAYER : Contempt Petitions are filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for their wilful disobedience of the order of this Court in W.P.(MD). Nos.15011, 15008, 15010, 15009, 15012, 15007 of 2018, 8588 of 2017, 16156, 15006, 15005 of 2018 and 16550 of 2017, dated 30.07.2018.

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Prayer in WP(MD). 15011/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents 2 to 4 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 29.01.1985 to 01.06.1995 within a specified time frame that may be fixed by this Honble Court.

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Prayer in WP(MD). 15008/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents 2 to 4 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 23.10.1982 to 01.06.1995 within a specified time frame that may be fixed by this Honble Court.

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Prayer in WP(MD). 15010/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents 2 to 4 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 11.10.1974 till 1.6.1995 within a specified time frame that may be fixed by this Honble Court.

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Prayer in WP(MD). 15009/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents 2 to 4 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 11.4.1983 to 1.6.1995.

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Prayer in WP(MD). 15012/ 2018 :

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https://hcservices.ecourts.gov.in/hcservices/

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2/5

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CONT P(MD).No.1187 TO 1197 OF 2019

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Prayer in WP(MD). 15007/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents 2 to 4 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 30. 6.1967 to 1.6.1995 within a specified time frame that may be fixed by this Honble Court.

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Prayer in WP(MD). 8588/ 2017 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ, order or direction, more particularly in the nature of a WRIT OF CERTIORARIFIED MANDAMUS calling for the records pertaining to the impugned proceedings issued by the 4th respondent in Na Ka No.A4/5417/2016 dated 11.04.2017 and quash the same and consequently direct the respondents to grant full pension to the petitioner reckoning the services of the petitioner from 29.05.1962 along with arrears of pension, and other attendant and pensionary benefits within the time stipulated by this Honble court.

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Prayer in WP(MD). 16156/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents 2 to 5 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant form 15/07/1982 to 01/06/1995 within a specified time frame that may be fixed by this Honourable Court.

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Prayer in WP(MD). 15006/ 2018 :

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Prayer in WP(MD). 15005/ 2018 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents 2 to 3 to send revised pension proposal to the first respondent calculating half of the services put in by the petitioner as Village Assistant from 23.08.1979 to 01.06.1995 within a specified time frame that may be fixed by this Honble Court.

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Prayer in WP(MD). 16550/ 2017 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the respondents herein to sanction the pensionary benefits to the petitioner from the date of appointment by calculating the petitioners service from the date of his appointment i.e.25.4.1977 https://hcservices.ecourts.gov.in/hcservices/

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CONT P(MD).No.1187 TO 1197 OF 2019

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till 30.4.2000 based on the G.O.Ms.No.408 Finance (Pension) Department dated 25.8.2009 and further to direct the respondents to pay the revised pension, arrears of pension, and other monetary benefits.

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For Petitioners : Mr.Sheik Nasurudeen

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for M/s. J.Lawrance For R1 : Mr.P.Gunasekaran Standing counsel For R2 : Mr.A.K.Manikkam Special Government Pleader

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C O M M O N O R D E R

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The State has filed a Writ Appeal in W.A.(MD).No.1075 of 2020 and batch, challenging the order dated 30.07.2010, in respect of which contempt is alleged and the same has come to be allowed on 03.03.2021. These Contempt Petitions are thus dismissed.

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akv

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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1.The Principal Accountant General (A & E) Pension, No.391, Anna Salai, Chennai.

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2.The Thasildar, Kovilpatti Taluk Office, Thoothukudi District.

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https://hcservices.ecourts.gov.in/hcservices/

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CONT P(MD).No.1187 TO 1197 OF 2019

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3.The Thasildar, Ottapidaram Taluk Office, Thoothukudi District.

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+11 CC to M/s.J.LAWRANCE, Advocate ( SR-453, 449, 447, 448, 446, 450, 445, 444, 451, 452 & 454 OF 2022[F] dated 05/01/2022 )

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+1 CC to M/s.SPL.GP ( SR-600[F] dated 06/01/2022 )

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ORDER MADE IN Cont.P.(MD).Nos.1187 to 1197 of 2019 05.01.2022

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TP (CO) GC(25.01.2022) 5P 16C

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https://hcservices.ecourts.gov.in/hcservices/

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Ganapathi v. Aditi Roychoudhury

Case brief

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Ganapathi v. Aditi Roychoudhury

Case brief

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