Madras High CourtCONT P/1511/2016closed

Sivagami v. K.Phaniandra Reddy,Ias

2017-06-27Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.1511/2016 in WP.No.34717 of 2015 Sivagami ..

Petitioner Vs.

Thiru.K.Phaniandra Reddy, I.A.S The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 9 .. Respondent Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, to punish the respondent for disobeying / not implementing the orders passed in WP.No.34717/2015 dated 30.10.2015.

For Petitioner : Mr.A.Baskaran For Respondent :

Mr.K.V.Dhanapalan, Special Government Pleader

ORDER

Heard the submission of the learned counsel appearing for the petitioner and Mr.K.V.Dhanalapan, learned Special Government Pleader appearing on behalf of the respondent/contemnor.

2. In compliance of the order dated 30.10.2015 made in WP.No.34717 of 2015, the 1st respondent has passed an order of rejection dated 09.09.2016 in Letter No.9037/Peru.1/2016. The learned counsel appearing for the Petitioner would submit that in terms of

G.O.Ms.No.242 of the 1st respondent dated 10.12.2009, 174 daily wages employees and 20 contingency staffs, who were employed more than 10 years in the service of municipalities, have been regularized and therefore, prays for appropriate orders.

3. Per contra, Mr.K.V.Dhanapalan, learned Special Government Pleader appearing for Respondent / Contemnor would submit that the remedy open to the petitioner, if any, is to challenge the legality of the order of rejection and prays for closure of the contempt petition.

4. This Court has considered the rival submissions made.

5. The first respondent, in compliance of the order passed by this Court, has rejected the request made by the petitioner, vide Letter No.9037/Peru.1/2016 dated 09.09.2016. In the light of the said development, it is open to the petitioner to submit one more representation to the respondent in the writ petition by inviting their attention to the above said Government Order and as and when the said representation is received, the respondent shall take every endeavor to dispose of the representation as expeditiously as possible and not later than eight weeks from the date of receipt of copy of the same. Alternatively, it is open to the petitioner to challenge the legality of the said order, by invoking the jurisdiction of Competent Forum.

6. This Contempt Petition is closed with above observations.

SD/- JOINT REGISTRAR(OS)I/C //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

To Thiru.K.Phaniandra Reddy, I.A.S The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 9 +1CC to the Govt.Pleader (SR.No.7125/2017) +1CC to Mr.A.Baskaran, Advocate (SR.No.7366/2017)