R.Jayarathina Gandhi v. D.Sabitha Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Contempt Petition No.2007 of 2015 R.Jayarathina Gandhi .. Petitioner vs

1. Tmt.D.Sabitha, I.A.S., Secretary to Government School Education Department Fort St.George, Chennai 600 009.

2. S.Kannappan Director of School Education DPI Campus College Road, Chennai 600 006.

3. M.Palanisamy Joint Director (Higher Secondary) Directorate of School Education DPI Campus, College Road Chennai 600 006.

.. Respondents Contempt petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for the wilful disobedience of the order passed by this Court in W.P.No.7684 of 2014 dated 10.03.2015.

For Petitioner : Mrs.Dakshayani Reddy For Respondents : Mrs.P.Rajalakshmi Government Advocate (Education)

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

2. This Court passed an order dated 10.03.2015 directing the respondents to consider the case of the petitioner for appointment to the post of Post Graduate Assistant (Tamil) in accordance with the Government Order in G.O.Ms.No.21, School Education dated 2nd November 2011, without insisting to comply with the condition regarding completion of probation in the post of Junior Assistant.

3. The case of the petitioner was considered by the respondent pursuant to the direction issued by this Court and by order dated 12.06.2015 the claim was negatived.

4. The petitioner has come up with this contempt petition alleging that notwithstanding his eligibility for appointment to the post of P.G.Assistant, his case was not considered. In short, it is the contention of the petitioner that the observation made by this Court with regard to the eligibility of the petitioner was not taken into account by the respondents while passing the order dated 12.06.2015.

5. The learned Government Advocate on instructions, submitted that the panel in question was prepared fixing the cut off date as 1st January 2013. According to the learned Government Advocate, the result of the petitioner was published only in April 2013 and as such his name was not considered.

6. In view of the contention taken by the learned Government Advocate, nothing survives for adjudication. It is open to the petitioner to initiate appropriate action, if he is still aggrieved.

7. The contempt petition is closed with the above observation.

SD/- DEPUTY REGISTRAR(OS) vj2 //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/04/04/2016 To

1. The Secretary to Government, School Education Department, Fort St.George, Chennai 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3. The Joint Director (Higher Secondary) Directorate of School Education DPI Campus, College Road, Chennai 600 006.

1.One CC to The Government Pleader, Sr.No.1715/2016. 2.One CC to M/s.Dakshayani Reddey, Sr.No.2194/2016.