C.Velavendan v. Kumaragrubharan And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.Velavendan ... Petitioner Vs.

1.Dr.Chandramohan Government of Tamil Nadu, Secretary, Department of School Education, Chennai - 600 009.

2.Tmt.Mathumathi, Secretary, Department of Welfare of Differently Abled Persons, Chennai - 600 009.

3.Tmt.M.Lakshmi, Commissioner, Welfare of the Differently Abled Persons, 17WH + HXV, Naddu Kuppam, Triplicane, Chennai - 600 005.

4.Thiru.S.Kannappan, Commissioner, School Education, DPI Campus,

5.Thiru.Rajendran, Joint Director (Personnel) School Education, DPI Campus, ... Respondents [Substituted the names of the 1st, 2nd & 4th respondents, viz., Dr.Chandramohan, Tmt.Mathumathi & Thiru.S.Kannappan instead of Kumaragurubharan, Nagaraj & Arivoli in the Contempt Petition as per the order of this Court in Sub.Appl.No.530 of 2025 in Cont.P.No.915 of 2024, dated 17.04.2025] Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for the willful disobedience of this Court in W.P.No.1436 of 2022 vide order dated 25.09.2023. For Petitioner :

M/s.S.Suneetha For Respondents :

Mr.J.Ravindran Additional Advocate General assisted by Mr.P.Balathandayutham Special Government Pleader for R2 and R3 Mr.C.Prabhakaran Government Advocate for R1, R4 & R5

O R D E R

This Contempt Petition has been filed alleging willful disobedience of the order of this Court in W.P.No.1436 of 2022, dated 25.09.2023.

2.Learned Additional Advocate General appearing for the respondents would submit that a Committee headed by a retired Judge of this Court has been constituted to device the modalities in implementing the reservation as per the orders of the Hon'ble Supreme Court. 3.Whereas, the learned counsel for the petitioner would submit that, even before any final decision being taken in this regard, a promotion panel has been prepared. In a similar case, the Division Bench in Madurai Bench of Madras High Court has granted stay of the panel so prepared. Hence, the learned counsel requests that the same order has to be passed in this case also.

4.The petitioner is working as PG Assistant and he seeks promotion to the post of Higher Secondary Headmaster with effect from 01.01.2014 by implementing 4% reservation for differently abled persons as per the judgment of the Hon'ble Supreme Court in Civil Appeal No.59 of 2021, dated 28.06.2021. When it is reported that a Committee has been formed and a policy decision is yet to be taken by the Government in this regard, if a panel is prepared, the same will certainly affect the rights of the petitioner.

Hence, the respondents shall not give any effect to the panel, till a final decision is taken by the Government based on the report of the Committee now constituted by the Government.

5.With this direction, this Contempt Petition is closed. 6.Today, Mrs.M.Lakshmi, IAS, (3rd respondent) is present. Her appearance is dispensed with.

16.06.2025 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Secretary, Government of Tamil Nadu, Department of School Education, Chennai - 600 009.

2.The Secretary, Department of Welfare of Differently Abled Persons,

Chennai - 600 009.

3.The Commissioner, Welfare of the Differently Abled Persons, 17WH + HXV, Naddu Kuppam, Triplicane, Chennai - 600 005.

4.The Commissioner, School Education, DPI Campus, 5.The Joint Director (Personnel) School Education, DPI Campus, N. SATHISH KUMAR, J.

mkn

16.06.2025