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Madras High CourtCONT P/1464/2015closed

The Roman Catholic Diocese v. Mrs.Sabitha

2016-01-04Honourable Mr Justice S. Manikumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 4/1/2016 C O R A M THE HONOURABLE MR. JUSTICE S.MANIKUMAR Contempt Petition No.1464 of 2015 The Roman Catholic Diocese of Kottar rep. By the Superintendent of Schools Good News centre Unnamalaidadai Nagercoil Kanyakumari District ... Petitioner Vs

1. Mrs.Sabitha The Secretary to the Government Department of School Education Fort St. George Chennai 600 009.

2. Thiru.R.Elangovan The Director of Elementary Education College Road Chennai 600 006.

3. Mr.M.Balasubramaniam (I/c) The District Elementary Educational officer Kanyakumari District Nagercoil 629 001.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their willful and deliberate disobedience and defiance of the orders of this Hon'ble Court dated 15/2/2010 in Writ Petition No.26200 of 2001 under Article 215 of the Constitution of India read with Sections 2 (b), 11 & 12 of the Contempt of Courts Act, 1971. For petitioner ...

Mr.Isaac Mohanlal For respondents ...

Mr.P.H.Aravind Pandian, Additional Advocate General.

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O R D E R

Alleging, disobedience of the order passed by this Court, in W.P.No.26200 of 2001, dated 15/2/2010, Contempt Petition No.1464 of 2015 has been filed. Pursuant to the statutory notice, Mrs.Sabitha, Secretary to the Government, Department of School Education, appeared before this Court today.

2. On this day, when the matter came up for hearing, on the basis of the proceedings, in RC.No.2993/A2/2015 dated 7/12/2015 of the District Elementary Educational Officer, Kanyakumari District, Mr.P.H.Aravindh Pandian, learned Additional Advocate General, submitted that twenty two appointments to the post of Secondary Grade Teacher in various Schools in the Diocese/Corporate Management have been approved from the date of their initial appointment and arrears of salary till 7/12/2015, have been released and therefore, there is no need to proceed in the Contempt Petition.

3. Per contra, Mr.Isaac Mohanlal, learned counsel appearing for the petitioner submitted that most of the teachers, who had worked for more than ten years, in various Schools, under the above said Corporate Management are entitled to Selection Grade scale of pay.

4. Responding to the above, Mr.P.H.Aravindh Pandian, learned Additional Advocate General, submitted that no sooner the proposals are sent from the School or by the petitioner, orders approving grant of Selection Grade Scale of Pay would be issued.

5. Submission of the learned Additional Advocate General is placed on record. The petitioner is permitted to send appropriate proposals for grant of Selection Grade Scale of Pay to the competent authorities, and on receipt of the same, submissions of the learned Additional Advocate General be honoured.

6. In view of the above, this Contempt Petition is closed. Consequently, the connection Application No.903 of 2015 is closed.

SD/- DEPUTY REGISTRAR(OS) mvs.

//Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. CO/05/04/2016 1.One CC to The Government Pleader, Sr.No.230/2016. 2.One CC to M/s.Isaac Mohanlal, Advocate, Sr.No.76/2016.