Dr. T. Pugazhenthi, v. Tmt. Mageshwari Ravikumar, I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Dr.T.Pugazhenthi ... Petitioner Vs.

1. Mageshwari Ravikumar, IAS Director, Directorate of Animal Husbandry and Veterinary Services, No.571, Anna Salai, Nandanam, Chennai-600 035.

2. Dr.M.Hameed Ali, M.V.Sc Regional Joint Director of Animal Husbandry, Ariyalur-621 704.

... Respondentss Prayer: Contempt Petition is filed under Section 11 of the Contempt Court Act, to punish the respondents for disobeying the orders of this Hon'ble Court dated 05.03.2024 passed in WMP.No.6282 of 2024 in W.P.No.5676 of 2024 with costs.

For Petitioner : Mr.R.Maheswari For Respondents : Mr.P.Balathandayutham Special Government Pleader 1/5

O R D E R

This Contempt Petition has been filed to punish the respondents for disobeying the orders of this Hon'ble Court dated 05.03.2024 passed in WMP.No.6282 of 2024 in W.P.No.5676 of 2024.

2. The learned counsel for the respondents submitted that initially, the petitioner was suspended from service when he was working as Veterinary Assistant Surgeon, Office of the Deputy Director, Cattle Breeding and Fodder Development, Udayarpalayam at Ariyalur District. Thereafter, the petitioner was issued charge memo under Section 17B of the disciplinary proceedings. While pending charges, the suspension order of the petitioner was revoked vide order dated 24.01.2024. Thereafter, the petitioner has been posted as Veterinary Assistant Surgeon at Ayyalur Veterinary Dispensary, Dindigul District. The posting order is under challenge in the writ petition in W.P.No.5676 of 2024. This Court vide order dated 05.03.2024 in WMP.No.6282 of 2024 in WP.No.5676 of 2024 granted interim stay. Therefore, the petitioner is not permitted to join in the post of Veterinary Assistant Surgeon at Ayyalur Veterinary Dispensary, Dindigul District. 2/5

3. The learned counsel for the petitioner submitted that at the time of suspension, he was working as Veterinary Assistant Surgeon Office of the Deputy Director, Cattle Breeding and Fodder Development, Udayarpalayam at Ariyalur District. Therefore, he has to be posted in the same place after revocation of suspension order.

4. Taking into facts and circumstances of the case and the submissions made by both side counsel and also taking note of the fact that after revocation of suspension order, the petitioner is now posted at Ayyalur Veterinary Dispensary, Dindigul District. However, now the posting order has been challenged in this writ petition and also obtained interim stay. Therefore, when the interim stay is in operation, the respondents cannot permit the petitioner to join in the post of Assistant Veterinary Surgeon at Ayyalur Veterinary Dispensary, Dindigul District.

5. However, the petitioner is at liberty to withdraw the writ petition. If the petitioner withdraws the writ petition, the respondents are directed to permit the petitioner to join as Assistant Veterinary Surgeon at Ayyalur Veterinary Dispensary, Dindigul District within a period two weeks from the date of withdrawal of the writ petition. 3/5

6. With the above directions, this Contempt petition is disposed of. 02.04.2025 Vv 4/5

G.K.ILANTHIRAIYAN.J., Vv 02.04.2025 5/5