M.Velu v. K.Gopal, I.A.S., And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Cont.P.No. 625 of 2025 M.Velu ... Petitioner/Petitioner Vs.

1.

Dr.K.Gopal, I.A.S., Principal Secretary Higher Education (G2) Department Fort St. George, Chennai - 600 009.

2.

Dr.Sundaravalli, I.A.S., The Director, Directorate of Collegiate Education College Road, Chennai - 600 006.

3.

Tmt. V.Anuradha The Principal Government Men Arts College, Krishnagiri District.

... Respondents/Respondents PRAYER : Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for their willfull disobedience in not complying with the order dated 04.09.2023 passed by this Hon'ble Court in W.P.No. 2537 of 2019.

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For Petitioner : Mr. S.Mani For Respondents : Mr. D.Ravichandar Special Government Pleader

ORDER

The second and third respondents are present in Court today though the Court had not specifically sought their appearance.

2. A status report had been filed by the second respondent in which it had been stated as follows:- "4. I state that, pursuant to the order of the Court, necessary steps is being taken to comply with the order of this Hon'ble dated 04.09.2023. The request of the petitioner is to appoint him as office Assistant from the post of library boy, taking into consideration of 10 years past service rendered by the individual as library boy. Accordingly, a file has been processed. However, appointment of the petitioner as Office Assistant, requires, relaxation of Rule 3A- Reservation of appointments, Rules 4(a) - Selection of direct recruits and Rule 5(1) - Age qualification of Tamil Nadu Basic Service Rules in favour of the individual. Accordingly, a proposal for requesting the Government to relax the

rules concerned in favour of individuals has been sent to Government dated 14.03.2025 vide Rc.No.

48245/B4/2011, and again sent reminders, dated 17.04.2025 and 23.04.2025, 10.05.2025. The said file for relaxation of rules in favour of individuals is now under active consideration of the Government."

3. Thereafter in paragraph No. 5, she had also stated as follows:- "5. The respondents beg unconditional apology of this Hon'ble Court and they never disobeyed the order of this Hon'ble Court or any other Court. The delay in compliance of the order of the Court is neither wilful nor wanton but only due to above said administrative reasons only. The Government is the authority the relaxation of Rules which involves approval of various departments in Government, such as Human Resources Management, Law, and Finance. As of now, it is in progress. The compliance of the order involves relaxation of various rules of the Tamil Nadu Basic Service Rules in favour of the individual. Hence, it requires Two weeks more time to comply with the order of the Writ Court." C.V.KARTHIKEYAN, J.

Vsg

4. Recording the same, since bona fide is shown by the respondents in taking effective steps to comply with the directions of the Court and the file is under active consideration of the Government and beyond the control of the respondents who had passed necessary orders, this Contempt Petition stands closed.

20.06.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order vsg Cont.P.No. 625 of 2025