Rajesh P.Sankaramatam v. Dr.P.Sivakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2021 CORAM :
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN Rajesh P. Sankaramatam, No.178, Type III, CVRDE Quarters, Avadi, Chennai - 600 054 ... Petitioner Vs.
1.Dr.P.Sivakumar Distinguished Scientist and Director, CVRDE, Ministry of Defence, Avadi, Chennai - 600 054.
2.Shri. G. Venkatesh, Senior Administration Officer-I, CVRDE, Ministry of Defence, Avadi, Chennai - 600 054.
3.The Secretary, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
4.All India Council for Technical Education, Represented by Regional Director, Southern Regional Office, 1st Floor, Shastri Bhavan, 26, Haddows Road, Chennai - 6.
... Respondents 1/4
[R3 impleaded as per order of this Court dt. 27.02.2017 made in Cont.P.No.2782 of 2015. R4 impleaded as per order of this Court dt. 12.07.2017 made in Cont.P.No.2782 of 2015] Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for disobeying the orders passed by this Court dated 21.01.2014 made in W.P.No.21459 of 2013. For Petitioner : Mr.K.M.Ramesh For R1 and R2 : Mr.N.Ramesh Central Government Standing Counsel For R3 : Mr.P.R.Gopinath Standing Counsel For R4 : Mrs.AL.Ganthimathi Standing Counsel
O R D E R
(Order of the Court was made by M. SATHYANARAYANAN, J.
) (Through video conferencing) The petitioner made a challenge to the order as to the rejection of the application for the post of "Senior Technical Assistant-B" through Limited Departmental Competitive Examination by filing O.A.No.1370 of 2012 before the Central Administrative Tribunal, Madras Bench, who vide order dated 30.11.2012, dismissed the said Original Application. The petitioner, challenging the legality of the same, filed W.P.No.21459 of 2013. A Division Bench of this 2/4
Court, vide final orders dated 21.01.2014, has disposed of the said writ petition by granting liberty to the petitioner to approach the University Grants Commission to get clarification as to whether the Diploma obtained by the petitioner from Indira Gandhi National Open University (IGNOU) under Open University Stream, viz., Diploma in Mechanical Engineering is a valid qualification/equivalent to Diploma obtained by the candidates under regular stream. The petitioner, alleging wilful disobedience and non-compliance of the order, came forward to file this Contempt Petition. 2.Mr.K.M.Ramesh, learned counsel appearing for the petitioner, would submit that the petitioner has been given promotion as Senior Technical Assistant from 30.11.
2020, though he is entitled for promotion even from the year 2013-2014, and hence, he may be permitted to submit a representation in this regard to the respondents 1 and 2, and the officials may be directed to dispose of the said representation in a time bound manner. 3.This Court heard the submissions of Mr.N.Ramesh, learned Standing Counsel for the respondents 1 and 2, Mr.P.R.Gopinath, learned Standing Counsel for the 3rd respondent, and Mrs.AL.Ganthimathi, learned Standing Counsel for the 4th respondent.
4.In the light of the above submissions, the petitioner is granted liberty to submit a representation as to the claim of retrospective promotion, to the 3/4
respondents 1 and 2, by enclosing all relevant and authenticated documents, within a period of four weeks from the date of receipt of a copy of this order/uploading of this order in the website, and upon receipt of the same, the respondents 1 and 2 are directed to consider and dispose of the same on merits and in accordance with law, within a further period of six weeks thereafter, and communicate the decision taken to the petitioner. In the result, this Contempt Petition is closed subject to the above directions.
SD/- ASSISTANT REGISTRAR(COMM.CASES) mkn //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
GS/20/04/2021 To 1.The Distinguished Scientist and Director, CVRDE, Ministry of Defence, Avadi, Chennai - 600 054.
2.The Senior Administration Officer-I, CVRDE, Ministry of Defence, Avadi, Chennai - 600 054.
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