Madras High CourtCONT P/728/2023closed

Dr.Jayaprakash Narayanan.K v. P.Senthil Kumar,I.A.S

2023-08-04Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Dr.Jayaprakash Narayanan.K ... Petitioner Vs.

1.Mr.P.Senthil Kumar, I.A.S., The Principal Secretary to Government, Health and Family Welfare (A1) Department, Fort St. George, Chennai - 600 009.

2.Dr.R.Shanthimalar, The Director of Medical Education, No.162, Poonamallee High Road, Opposite MJRC Clinic, New Bupathy Nagar, Chetpet, Chennai, Tamil Nadu - 600 031.

... Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondents for wilfully disobeying the order of this Hon'ble Court in W.P.No.24404 of 2018 dated 29.04.2022. 1/4

For Petitioner : Mr.Srinivas Senior Counsel for Ms.Mythili Srinivas For Respondents : Mr.M.Rajendran Additional Government Pleader

ORDER

The petitioner has filed this contempt petition stating that the respondents are failed to implement the order of this Court dated 29.04.2022 in W.P.No.24404 of 2018 inasmuch as the notional promotion of attendant benefits had not been conferred to the petitioner and instead the petitioner's junior Dr.G.Chengalvarayan, who joined much after the petitioner has been given promotion.

2. It appears that promotion of Dr.G.Chengalvarayan was challenged by the petitioner in the aforesaid writ petition and the writ petition was disposed with directions.

3. The learned Additional Government Pleader for the respondents submits that Writ Appeals are pending before the Hon'ble Division Bench of this Court in W.A.Nos.1410 of 2023 etc batch. 2/4

4. Considering the fact that the petitioner has already challenged the promotion of his junior Dr.G.Chengalvarayan, whose below the petitioner in the Civil Medical List and G.O.(Ms).No.77, Health and Family Welfare (A1) Department dated 23.02.2016 was implemented for the first time after the order was passed, this Contempt Petition stands closed reserving liberty to the petitioner to raise all the questions surrounding the implementation of the aforesaid Government Order by denying the petitioner's promotion which otherwise ought to have been conferred on the petitioner in terms of the order of this Court. 04.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb 3/4

C.SARAVANAN, J.

arb 04.08.2023 4/4