S.Chittibabu v. Otem Dai Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15/10/2019 C O R A M The Honourable Mr.Justice SUBRAMONIUM PRASAD S. Chittibabu ...

Petitioner Vs

1. Thiru.Otem Dai, I.A.S The Secretary to the Government Adi-Dravidar and Tribal Welfare Department Fort St. George Chennai 600 009.

2. Thiru.K.V.Muralidharan, I.A.S The Commissioner of Adi-Dravidar Welfare Chepauk Chennai 600 005.

3. Ms.T.Manjula The District Adi Dravida Welfare Officer Perambalur Perambalur District.

...

Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for willful disobedience of the order dated 9/7/2018 in W.P.No.21724 of 2014.

For petitioner ...

Mr.G.Padmanapan For respondents ...

Mr.A.Zakir Hussain Government Advocate - - - - - - 1/3

O R D E R

Instant Contempt Petition is for non-compliance of the order, dated 9/7/2018, made in W.P.No.21724 of 2014. Learned Single Judge by the said order had directed as under:- "12. In view of the above, this Court is unable to see how the petitioner can be treated differently in the matter of regularisation. Therefore, this Court has no hesitation in allowing the writ petition. The respondents are directed to regularise the service of the petitioner from the date of his initial appointment with all consequential and attendant benefits. The respondents are directed to pass order by complying with this direction, within a period of eight weeks from the date of receipt of a copy of this order."

2. Government took up the matter in an appeal, in W.A.No.2007 of 2009, before a Hon'ble Division Bench. The Hon'ble Division Bench, by its order, dated 4/7/2019, though dismissed the writ appeal, it however, extended the time of compliance for a period of three months, from the date of receipt of a copy of the said judgment. 2/3

3. Learned counsel for the petitioner states that the abovesaid order was communicated to the respondents, on 18/7/2019.

4. In view of the fact that Division Bench has extended the time, instant contempt petition cannot survive and hence it is closed. It is needless to state that if the respondents do not comply with the order of the Division Bench, it will be open to the petitioner to file fresh Contempt Petition before the appropriate Division Bench.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mvs //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/04/11/2019 3/3