Madras High CourtCONT P/411/2017closed

S.Ponni v. Sabitha, Ias

2018-06-29Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2018 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Contempt Petition No.411 of 2017 S.Ponni ... Petitioner Vs.

1.Tmt.Sabitha, I.A.S., State of Tamil Nadu, rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.

2.Thiru.Elangovan, Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

3.Thiru.Gunasekar, District Elementary Educational Officer, Kancheepuram District, Kancheepuram-631 501.

4.Thiru.Ramesh, Assistant Elementary Educational Officer, Chitlapakkam, Chennai-600 064.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Court Act 1971, to punish the respondents for willful disobedience of the order dated 28.11.2016 in W.P.No.41685 of 2016 passed by this Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.Karthieyan, GA * * * * *

ORDER

This Court, by an interim order dated 28.11.2016 in W.P.No.41685 of 2016 & W.M.P.No.35678 of 2016, directed the respondents to approve the appointment of the petitioner as Headmaster in the National Middle School at Pallavaram, Chenai, (5th respondent in the writ petition) temporarily and release the salary to the petitioner from the date of appointment ie., from 10.06.2013, pending disposal of the writ petition.

2.The present contempt petition has been filed by the petitioner alleging non-compliance of the said interim order dated 28.11.2016 passed by this Court.

3.Today, when the matter is taken up, the learned Government Advocate appearing for the respondents submitted that the respondents have complied with the order of this Court by approving the appointment of the petitioner as Headmaster in the said school and they also released the salary to the petitioner.

4.However, the learned counsel for the petitioner submitted that the salary was released to him only upto the month of September, 2017 and from October onwards, he was not paid the salary.

5.The learned Government Advocate submitted that till date they have not received any proposal from the School (5th respondent) with regard to the payment of salary to the petitioner from October, 2017 onwards and if they receive the proposal, they would pay the salary to the petitioner from October, 2017.

6.Since the order of this Court has been complied with, there is no point of keeping this Contempt petition pending. Hence, recording the submission made by the learned Government Advocate that if they receive proposal from the School, they would pay the salary to the petitioner from October, 2017 onwards, this contempt petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssv //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.

PS/24/08/2018