P.Sam Aruln Raj v. N.S.Palaniappan I.A.S
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR Cont.P.No.2534 of 2014 P.Sam Arul Raj ... Petitioner vs.
1.Mr.N.S.Palaniappan, I.A.S., Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai-600 009.
2.Mr.Bajrendra Navinit, I.A.S., Commissioner of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai-600 015.
3.Mr.M.Karunakaran, I.A.S., District Collector, Collectorate, Tirunelveli.
... Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for violation of the order dated 23.06.2011 in W.P.No.18278 of 2007. For Petitioner :
Mr.Lesi Saravanan For Respondent :
Mr.TR.Rajagopalan, Special Government Pleader
ORDER
On this day, when the matter came up for hearing, on the basis of G.O.(2d) No.4, Rural Development and Panchayat (E7)
Department, dated 30.01.2015, Mr.TR.Rajagopalan, learned Special Government Pleader submitted that the petitioner has been promoted as Junior Assistant, on 17.09.2003, and thereafter, as Assistant and subsequently, as Deputy Block Development Officer from 18.06.2012 onwards. Salary has been fixed in the post of Deputy Block Development Officer from 18.06.2012 and orders have been issued for payment, from the date of joining. Government have issued the G.O. on 30.01.2015 and consequently, posting orders have to be issued.
2.On instructions, learned Special Government Pleader submitted that the District Collector, Tirunelveli, has to issue appropriate posting orders and it requires some time. 3.Having regard to the pendency of the issue, from 2007, the District Collector, Tirunelveli, shall pass appropriate orders, appointing the petitioner as Deputy Block Development Officer, or in any of the equivalent post in Tirunelveli District, within ten days from the date of receipt of a copy of this order.
4.Though Mr.Lesi Saravanan, learned counsel for the petitioner submitted that G.O.(2d) No.4, Rural Development and Panchayat (E7) Department, dated 30.01.2015, is not in strict compliance of the directions of this Court in W.P.No.18278 of 2007, dated 23.06.2011, as the petitioner ought to have been
promoted notionally, as Block Development Officer, in the year 2008, itself and not in the year 2012, as mentioned in the abovesaid Government Order, Mr.T.T.Rajagopalan, learned Special Government Pleader submitted that notional promotion has been ordered taking into consideration the date of passing the requisite tests, for the abovesaid post of Deputy Block Development Officer. This Court is not inclined to advert to the abovesaid aspect. Issue is left open. Accordingly, this Contempt Petition is closed.
mps SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. SM/CO/27/03/2015 One CC to Government Pleader, SR.1593 One cC to M/s.G.Thalamutharasu, Advocate, SR.1536