B.Syed Kaheer Ahamed v. Udayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN CONT.P.No.1297/2017 B.Sayeed Kaheer Ahamed .. Petitioner

Versus

1. Mr.Udayakumar Director, Government of Tamil Nadu Motor Vehicles Maintenance Depot Velachery, Chennai 600 042.

2. Mr.M.Palani Rajan General Manager Government of Tamil Nadu Motor Vehicle Maintenance Depot Velachery, Chennai 600 042.

..

Respondents Contempt petition filed under section 11 of the Contempt of Courts Act to punish the respondents for their willful disobedience for not complying with the order of this Court in WP.No.2559/2017 dated 02.02.2017. For Petitioner :

M/s.N.Beulah John Selvaraj For Respondents:

Mr.J.Pothiraj, Spl.GP

ORDER

The 1st respondent has filed the counter affidavit and it is relevant to extract paragraph No.6 :- "....

It is submitted that seniority list is maintained for making compassionate appointments, as on date

for the 2017-18 year 7 posts are allotted for compassionate grounds to this Department. The petitioner is in the seniority list in Sl.No.12 of waiting list for compassionate ground appointment. Hence, he will be provided appointment before December 2020. The petitioner case could not be overlooked of seniority as the same would amount to discriminatory against others in the waiting list. Therefore, the case of the petitioner will be considered based on seniority on his turn as and when vacancy arise and the petitioner will be provided appointment on his turn as per the rules governing the appointment on compassionate grounds."

The learned counsel for the petitioner would submit that since the sole breadwinner of the family died, the petitioner is finding it extremely difficult to meet both ends ; whereas the learned Special Government Pleader appearing for the respondents/contemnors would submit that the petitioner will be provided with employment before December 2020 for the reason that he is in Sl.No.12 of the Seniority List being maintained for compassionate ground appointment.

In the light of the same, the contempt petition is closed. However, the respondents/contemnors are directed to comply with their undertaking given in paragraph No.6 of the counter affidavit dated 15.12.2017 in letter and spirit SD/- ASSISTANT REGISTRAR(COMM.CASES) AP //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

KR/CO/10/01/2018 one cc to the Government Pleader,SR.No.1493.

One cc to Mr. N. Beulah John Selvaran,SR,No.1636. To

1. The Director, Government of Tamil Nadu.

Motor Vehicles Maintenance Depot Velachery, Chennai 600 042.

2. The General Manager Government of Tamil Nadu Motor Vehicle Maintenance Depot Velachery, Chennai 600 042.