K.Subramanian v. Karthika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Contempt Petition No.378 of 2020 in W.M.P.No.35589 of 2019 in W.P.No.34828 of 2019 K.Subramanian ...

Petitioner Vs.

1. Tmt.Karthika, District Educational Officer, Kallakurichi.

2. Selvi.P.Nagammal, Manager, Murugu Aided Middle School, Malliyambadi Post, Chinna Salem Taluk, Kallakurichi.

...

Respondents Prayer : Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willfully disobeying the order passed in WMP.No.35589 of 2019 in W.P.No.34828 of 2019, dated 17.12.2019.

For the Petitioner : Mr.S.N.Ravichandran For the Respondents : Mr.M.S.Prem Kumar Government Advocate

ORDER

The writ petition was filed by the petitioner questioning the order of termination passed by the Murugu Aided Middle School in proceeding, dated 18.10.2019. This Court granted an interim stay on the order of termination, dated 18.10.2019, in W.M.P.No.35589 of 2019 in W.P.No.34828 of 2019, dated 17.12.2019. Since the interim order granted by this Court was not implemented, the petitioner filed the present contempt petition.

2. In the contempt petition, statutory notice was ordered and several observations were made since the respondents were reluctant in implementing the order.

3. However, the learned Government Advocate appearing on behalf of the Education Department made a submission that the Government has

already imposed direct payment, and accordingly, now the Government is directly paying the salary to the Teachers and Staff working in the School. That apart, proposals are also submitted to the Government for appropriate orders setting out the facts and circumstances.

4. The learned Government Advocate made a submission that the interim order passed by this Court on 17.12.2019 had already been implemented and the writ petitioner was reinstated in service and is working in the School. In view of the implementation of the direct payment system, the petitioner is receiving salary directly from the Department.

5. Thus, the interim order passed by this Court had already been implemented and the petitioner was reinstated in service and is receiving the salary. Therefore, no further adjudication is required and accordingly, the contempt petition stands closed.

13.10.2022 Index : Yes sli/sha

S.M.SUBRAMANIAM,J sha Contempt Petition No.378 of 2020 in W.M.P.No.35589 of 2019 in W.P.No.34828 of 2019 13.10.2022