P.Amudha v. Nandhakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2025 CORAM :

THE HON'BLE MR.JUSTICE C.SARAVANAN P.Amudha ..

Petitioner Vs.

1. Nandhakumar The Director of School Education DPI Campus, College Road Chennai - 600 006.

2. Subramanian The District Educational Officer Tirukovilur Education District Tirukovilur, Kallakurichi District - 605 757.

3. Murali Krishnan The Block Development Officer Tirukovilur, Kallakurichi District.

..

Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for the willful disobedience of the order passed by this Court in W.P.No.23381 of 2021 dated 29.10.2021. For the Petitioner : Mr.M.Sarath Kumar For the Respondents : Mr.A.M.Ayyadurai Government Advocate

ORDER

This contempt petition was earlier closed and thereafter reopened on request of the learned counsel for the petitioner.

2. The order passed by this Court on 29.10.2021 was challenged by the respondents before the Division Bench and the Division Bench, by its order dated 08.07.2024, has dismissed the appeal with the following directions:

"6. However, in view of the fairness shown by the learned Additional Government Pleader for the appellants and in the light of the order dated 15.06.2022 passed in the Writ Petition (supra), all these Writ Appeals are disposed of, with a direction to the appellants herein to consider and pass an order of approval of the appointments made by the School Management, provided the said proposals satisfy the norms prescribed for such appointments and as per the Rules, as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this judgment, bearing in mind the afore-stated judgment. It is made clear that those who are

appointed to the post of Secondary Grade Teacher/B.T. Assistant/Middle Grade Assistant prior to the issuance of G.O.Ms.No.165 dated 17.9.2019 and also, the proposals for approval of such appointments were also forwarded to the educational authorities prior to the issuance of G.O.Ms.No.165 dated 17.9.2019 alone are entitled to the relief granted hereinabove. No costs. Consequently, connected Miscellaneous Petitions are closed."

Further appeal to the Hon'ble Supreme Court of India was also dismissed.

3. It is the case of the petitioner that despite the orders of this Court dated 29.10.2021 and that of the Division Bench dated 08.07.2024 and that of the Hon'ble Supreme Court of India, the respondents have passed an order, rejecting the prayer of the petitioner.

4. In my view, a fresh cause of action has arisen on account of the order passed on 05.12.2024 bearing reference e/f/vz;/475-

m2-2023/ The order passed by this Court was merely a direction to the respondents to consider and pass appropriate orders. However, by order dated 05.12.2024, the request has been rejected. Therefore, the petitioner only has to workout the remedy, in the manner known to law, by challenging the aforesaid order.

5. In light of the above, the present contempt petition stands closed.

23.01.2025 Index : Yes/No drm

To:

1. Nandhakumar The Director of School Education DPI Campus, College Road Chennai - 600 006.

2. Subramanian The District Educational Officer Tirukovilur Education District Tirukovilur, Kallakurichi District - 605 757.

3. Murali Krishnan The Block Development Officer Tirukovilur, Kallakurichi District.

C.SARAVANAN,J.

(drm) 23.01.2025