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M.Thiruneelakantan Vs S.Swarama — Madras HC (2026) — LawSathi Research

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M.Thiruneelakantan Vs S.SwaramaM.Thiruneelakantan v. S.Swarama

Allowed¶31

M.Thiruneelakantan v. S.Swarama

Madras High Court (Hemant Chandangoudar, J.), 10.02.2026 – Sub Appln.No.1292 of 2024 in Contempt Petition No.2420 of 2023 – Contempt – Reopening of closed contempt petition

Madras HC10 Feb 2026SUB APPL/1292/2024

Case brief

AI extract

What is this about?

Keywords: reopening of contempt petition; Section 151 CPC; Sub Application; Contempt Petition No.2420 of 2023; restoration to file; non-compliance with writ court direction; W.P.No.27647 of 2013; G.O.Ms.No.112 dated 13.07.2012; G.O.Ms.No.154 dated 30.10.2009; G.O.Ms.No.31 dated 01.03.2017; pay upgradation; stepping up of pay; parity with juniors in one unit; promotees from post of Assistant; monetary benefits from date of issuance; Madras High Court; Hemant Chandangoudar; 10.02.2026; posted 26.02.2026. Summary: A retired Section Officer's Sub Application under Section 151 CPC to reopen Contempt Petition No.2420 of 2023 — earlier closed after the court found full compliance with the 27.02.2017 writ order directing pay-benefit parity with promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009 — was allowed and the contempt petition restored to file, with the Additional Advocate General to seek instructions and further submissions listed for 26.02.2026.

What did the court decide?

Sub Application allowed; Contempt Petition No.2420 of 2023 restored to file; learned Additional Advocate General to secure instructions and make further submissions, matter posted on 26.02.2026. ¶31

Why is it important?

Sub.A.No.1292 of 2024 stands allowed. ¶31

What the court decided

AI extract

Outcome

Sub Application allowed; Contempt Petition No.2420 of 2023 restored to file; learned Additional Advocate General to secure instructions and make further submissions, matter posted on 26.02.2026.

Issue for consideration

Whether the respondents complied with the categorical direction issued by the writ court to extend to the petitioner benefits on par with the promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009, given that the benefits were extended only from the date of issuance of G.O.Ms.No.31 dated 01.03.2017. +1 more

Ratio / Principle

Sub.A.No.1292 of 2024 stands allowed.

Key takeaways

The contempt petition is restored to file.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (Hemant Chandangoudar, J.), 10.02.2026 — Sub Appln.No.1292 of 2024 in Contempt Petition No.2420 of 2023 — Contempt — Reopening of closed contempt petition — Petitioner, a retired Section Officer, held an order dated 27.02.2017 in W.P.No.27647 of 2013 quashing G.O.Ms.No.112 dated 13.07.2012 insofar as it related to upgradation/stepping up of pay on par with juniors in one unit, with a direction to extend to him benefits similar to those granted to promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009 — Benefits were extended through G.O.Ms.No.31 dated 01.03.2017 only from the date of issuance of that order — Contempt Petition No.2420 of 2023 had been closed on the view that the writ order stood fully complied with — Sub Application under Section 151 CPC seeking reopening allowed; contempt petition restored to file — Additional Advocate General to secure instructions; matter posted on 26.02.2026.

A

Sub Appln.No.1292 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

Sub Appln.No.1292 of 2024 in

Contempt Petition No.2420 of 2023

M.Thiruneelakantan Section Officer (Retd) Public Department Secretariat, Chennai-600 009. … Petitioner

vs.

Dr.S.Swarna Secretary to Government Personnel and Administrative Reforms Department Now Human Resources Management Department Secretariat, Chennai-600 009.

Thiru.N.Muruganandam Secretary to Government Finance Department Secretariat, Chennai-600 009. ... Respondents

Sub Application filed under Section 151 CPC, praying to reopen the

Contempt Petition No.2420 of 2023 dated 05.01.2024.

Page Nos.1/4

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

Sub Appln.No.1292 of 2024

For Petitioner : Mr.T.Ranganathan For Respondents : Mr.M.Suresh Kumar Additional Advocate General assisted by Mrs.R.L.Karthika, Government Advocate *********

O R D E R

The subject matter of the present contempt petition is the order dated 27.02.2017 passed by this Court in W.P.No.27647 of 2013. By the said order, G.O.Ms.No.112 dated 13.07.2012 was quashed insofar as it related to the direction for upgradation/stepping up of pay on par with juniors in one unit, as referred to in paragraph No.6 thereof. Consequently, a direction was issued to the respondents to extend similar benefits to the petitioner, as granted to the promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009, by making necessary amendments to G.O.Ms.No.112 dated 13.07.2012.

Pursuant to the directions issued by this Court, the petitioner was granted benefits by amending G.O.Ms.No.112 dated 13.07.2012 through the issuance of G.O.Ms.No.31 dated 01.03.2017. By the said Government

Page Nos.2/4

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

Sub Appln.No.1292 of 2024

said order.

Order, the monetary benefits were extended from the date of issuance of the said order.

Mr. Sureshkumar, learned Additional Advocate General, submitted that, pursuant to G.O.Ms.No.31 dated 01.03.2017, one Saraswathi, who was similarly placed, was also issued a Government Order extending the benefits from the date of issuance of G.O.Ms.No.31 dated 01.03.2017, and that this Court had closed the contempt petition holding that the order had been fully complied with.

Per contra, the learned counsel for the petitioner submitted that a categorical direction had been issued by the writ Court directing the respondents to grant the benefits to the petitioner on par with the promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009. However, the respondents have extended the benefits only from the date of issuance of G.O.Ms.No.31 dated 01.03.2017, instead of granting the benefits as directed by this Court. Therefore, it is submitted that the respondents have not complied with the categorical direction issued by this Court.

Page Nos.3/4

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

Sub Appln.No.1292 of 2024

In the light of the above, Sub.A.No.1292 of 2024 stands allowed

and the contempt petition is restored to file.

At this stage, the learned Additional Advocate General, seeks time to secure instructions and to make further submissions.

Post the matter on 26.02.2026.

10.02.2026

mk

Sub Appln.No.1292 of 2024 in Contempt Petition No.2420 of 2023

Page Nos.4/4

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the respondents complied with the categorical direction issued by the writ court to extend to the petitioner benefits on par with the promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009, given that the benefits were extended only from the date of issuance of G.O.Ms.No.31 dated 01.03.2017.¶27
2.
Whether Contempt Petition No.2420 of 2023, earlier closed on the view that the writ court's order had been fully complied with, should be reopened.medium confidence¶13
The court held
Sub.A.No.1292 of 2024 stands allowed.ratio¶31

Statutes considered

1 provisions across 1 enactments

AI extract

CPC151¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Closure of Contempt Petition No.2420 of 2023 (dated 05.01.2024) by this Court on the view that the order in W.P.No.27647 of 2013 had been fully complied with; sought to be reopened by this Sub Application under Section 151 CPC.¶26
High Court of Judicature at Madras · 05.01.2024
Prior proceeding
Order dated 27.02.2017 in W.P.No.27647 of 2013 passed by this Court quashed G.O.Ms.No.112 dated 13.07.2012 insofar as it related to upgradation/stepping up of pay on par with juniors in one unit, and directed the respondents to extend to the petitioner benefits similar to those granted to promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009, by amending G.O.Ms.No.112.¶19
Prior proceeding
Pursuant to the writ court's directions, the petitioner was granted benefits by amending G.O.Ms.No.112 dated 13.07.2012 through issuance of G.O.Ms.No.31 dated 01.03.2017.¶20
Prior proceeding
Under G.O.Ms.No.31 dated 01.03.2017, the monetary benefits were extended only from the date of issuance of that Government Order.¶25
Prior proceeding
Contempt Petition No.2420 of 2023 dated 05.01.2024 — the petition sought to be reopened by the present Sub Application.¶13
Prior proceeding
Government (Additional Advocate General) represented that one Saraswathi, similarly placed, was also issued a Government Order extending benefits from the date of issuance of G.O.Ms.No.31 dated 01.03.2017, and that the contempt petition had been closed as fully complied with.¶26

Parties & counsel

AI extract

petitioner
M.Thiruneelakantan, Section Officer (Retd), Public Department, Secretariat, Chennai-600 009¶8
T.Ranganathan
respondent
Dr.S.Swarna, Secretary to Government, Personnel and Administrative Reforms Department (now Human Resources Management Department), Secretariat, Chennai-600 009¶10
M.Suresh Kumar, R.L.Karthika
respondent
Thiru.N.Muruganandam, Secretary to Government, Finance Department, Secretariat, Chennai-600 009¶11
M.Suresh Kumar, R.L.Karthika

Coram

AI extract

Hemant Chandangoudarauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 10 Feb 2026 · February
Registered: 9 Dec 2024
Case no.: SUB APPL/1292/2024
CNR: HCMA010838932024
Bench: Hemant Chandangoudar
Disposal: ALLOWED
Case type: Sub Appln.

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Cite this judgement

M.Thiruneelakantan v. S.Swarama, SUB APPL/1292/2024 (MAD), decided on 10 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CPC151

View all statutes

Procedural history6

Closure of Contempt Petition No.2420 of 2023 (dated 05.01.2024) by this Court on the view that the order in W.P.No.27647 of 2013 had been fully complied with; sought to be reopened by this Sub Application under Section 151 CPC.High Court of Judicature at Madras · 05.01.2024
Order dated 27.02.2017 in W.P.No.27647 of 2013 passed by this Court quashed G.O.Ms.No.112 dated 13.07.2012 insofar as it related to upgradation/stepping up of pay on par with juniors in one unit, and directed the respondents to extend to the petitioner benefits similar to those granted to promotees from the post of Assistant under G.O.Ms.No.154 dated 30.10.2009, by amending G.O.Ms.No.112.
Pursuant to the writ court's directions, the petitioner was granted benefits by amending G.O.Ms.No.112 dated 13.07.2012 through issuance of G.O.Ms.No.31 dated 01.03.2017.

View full history

Bench / Coram

Hemant Chandangoudar

Parties & counsel