M AROKIA ROSALY Vs. G NARENDRAKUMAR

JUDGEMENT

(1.) The contempt application is filed seeking implementation of the order dated 29.04.2015 passed in M.P.No.03/2015 in W.P.No.12943/2015 in the said miscellaneous application.

(2.) This Court passed an order directing the respondents 1 to 4 to pay salary to the petitioner from 01.05.2015 by granting temporary approval. Though, the copy of the order was served as early as on 15.05.2015 and the writ petitioner also issued a contempt notice on 16.11.2015 itself, no action was taken to file the contempt application within the period of limitation prescribed under Section 11 of Contempt of Courts Act. In other words, the present contempt application is filed on 6th March 2017, beyond a period of one year, as prescribed. Thus, the question arises for consideration is whether the present contempt application is more specifically filed against the interim order can be maintained at this stage, beyond the period of limitation.

(3.) The fact remains that the interim order was in relation to the grant of temporary approval and for salary. However, the writ petitioner is able to lead his life in the absence of such temporary approval and salary for about 2 years from the date of passing of the interim orders. Thus, a factual inference has to be drawn that the indigent circumstances initially aroused became vanished.