Madras High CourtCONT P/747/2021closed

P.Kalarani v. Thiru. Dheeraj Kumar, I.A.S.

2021-07-26Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Contempt Petition No.747 of 2021 1.P.Kalarani, D/o.Perumalsamy, Vocational Instructor, Government Hr. Sec. School, Kadampuliyur, Cuddalore District.

2.Mrs.Jesu Sherli Roy, D/o.Peter Vocational Instructor, Government Hr. Sec. School, Mukasi Anumanpalli, Erode District.

3.Mrs.A.Parvatham, D/o.KP.Arumugam Vocational Instructor, Government Hr. Sec. School, Arachalur, Erode District.

4.Mrs.Bhuvaneswari, D/o.Selvaraj Vocational Instructor, Government Hr. Sec. School, Kallipatti, Gobicherripalayam Erode District.

5.G.Thenmozhi, D/o.P.Govindasamy Vocational Instructor, Government Hr. Sec. School, Vembarpatti 624 308 Dindigul District.

.. Petitioners -vsThiru.Dheeraj Kumar, I.A.S., The Principal Secretary, School Education Department, Fort St. George, Chennai-600 009.

.. Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for non-compliance of the order dated 14.09.2017 passed by this Court in W.P.No.17296 of 2015. For Petitioner :

Mr.P.Ganesan For Respondent :

Mr.V.Veluchamy, Government Advocate

ORDER

This contempt petition is filed to punish the respondent for noncompliance of the order dated 14.09.2017 passed in W.P.No.17296 of 2015. 2.The petitioners are working as Vocational Instructors (Agriculture). The petitioners' requests for extension of the benefits conferred under G.O.(1D) No.327, School Education Department dated, 18.11.2013 and for

re-fixation of their scale of pay at Rs.2000 - 3500 or the corresponding pay of Rs.6500 - 11000 as per the subsequent VI Pay Commission from the date of regularization of their service in the cadre of Vocational Instructor (Agriculture) were rejected by the respondent. Therefore, the petitioners filed writ petition before this Court.

3.This Court passed an order dated 14.09.2017 following the judgment delivered by the Hon'ble Division Bench of the Madurai Bench of this Court in W.A.(MD) No.1344 of 2013 dated 14.08.2014. However, it is brought to the notice of this Court that the matter was referred to the Hon'ble Full Bench of the Madurai Bench of this Court in W.A.(MD) No.201 of 2021, which passed an order dated 05.03.2021 allowing the appeal filed by the State, represented by the Secretary, School Education Department. The Hon'ble Full Bench reiterated that the Vocational Instructors recruited through Teachers Recruitment Board for the posts created vide G.O.Ms.No.129, dated 18.05.1999 and G.O.Ms.No.63, dated 13.03.2007, who are governed by G.O.Ms.No.6, dated 04.01.2000 are not entitled to claim parity of pay scale with those appointed initially as double part-time vocational instructors and who were subsequently regularised

under G.O.Ms.No.967, dated 16.10.1992.

4.In view of the judgment of the Hon'ble Full Bench of the Madurai Bench of this Court dated 05.03.2021, this contempt petition deserves no further consideration and accordingly, stands closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) abr //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/06/08/2021 To The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai-600 009.