E.Shanmugavelu v. Thiru.Dr.Ratan Kumar Sinha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR Contempt Petition No.941 of 2016 E.Shanmugavelu .. Petitioner -vs1.Thiru.Dr.Ratan Kumar Sinha, The Chairman, Atomic Energy Commission, The Union of India, Anusakhthi Bhavan, Mumbai-39.

2.Thiru.V.Manoharan, The Director, Department of Atomic Energy, The Government of India, Kalpakkam.

.. Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for willful disobedience of the orders passed by this Court in W.A.No.1116 of 2007 dated 24.10.2007.

For Petitioner :

Mr.S.T.Varadarajulu For Respondents :

Mr.Su.Srinivasan Asst. Solicitor General * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We are not satisfied that there is any case made out for willful disobedience of the order of this Court.

2. Admittedly, the order of the learned Single Judge was set aside by the Division Bench vide order dated 24.10.2007. The only concession made on behalf of the respondents before the Division Bench was that as and when the vacancy arises in the categories mentioned in paragraph 7 of that order, the petitioner will be considered for the said vacancy and, if found suitable, would be appointed on priority basis. There is nothing placed before us that the vacancy has arisen or that the petitioner has got consideration, especially, as there is a complete silence atleast so far as the records are concerned for a period of seven years after the order was passed and only a legal notice was sent on 04.10.2014, whereafter, also there is a silence.

3. We may however leave it open to the petitioner to approach the respondents with appropriate request for consideration and if any letter is sent, the respondents would respond to the same intimating the position in this behalf within one month of the receipt of such a letter. The letter of the petitioner should accompany with the copy of this order.

4. The contempt petition is dismissed with the aforesaid observation.

Sd/- JOINT REGISTRAR (OS) //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.

CO/01/02/2017 To 1.Thiru.Dr.Ratan Kumar Sinha, The Chairman, Atomic Energy Commission, The Union of India, Anusakhthi Bhavan, Mumbai-39.

2.Thiru.V.Manoharan, The Director, Department of Atomic Energy, The Government of India, Kalpakkam.

One CC to M/s.S.T.Vaadarajulu, Advocate, Sr.No.1140.