M. Subraamaniam v. Thiru. Pradeep Yadav, I.A.S.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.06.2019

CORAM

The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR Cont.P.No.396 of 2018 M.Subramanian, No.3/109, Selvanaickenpatti, V.Velure Post, Madathukulam Taluk, Tiruppur District.

..

Petitioner vs.

1.Thiru.Pradeep Yadav, I.A.S Principal Secretary, Government of Tamilnadu, School Education Department, Fort St. George, Chennai - 600 009.

2.Thirumathi. K.Uma The Joint Director of School Education (Higher Secondary), Chennai - 600 006.

3.Thiru. Iyyanan The Chief Educational Officer, Office of the Chief Educational Officer, Coimbatore.

4.Thiru.A.Nasarudeen The District Educational Officer, Office of the District Educational Officer, Pollachi.

5.Thiru.K.S.Sivakumar Secretary, Palaniammal Higher Secondary School, Kaliyapuram, Pollachi Taluk, Coimbatore District.

..

Respondents

Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for their willful and deliberate disobedience of the order passed in W.A.No.219 of 2017 dated 13.04.2017, on the file of this Court. For Petitioner ..

Mr.Dakshayani Reddy For RR1 to 4 ..

Mr.A.Rajaperumal, Additional Government Pleader For R5 ..

Mr.Balan Haridas

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) Alleging that the order dated 13.04.2017, passed by this Court in W.A.No.219 of 2017 by which a direction was issued to impose an order punishment of censure and to reinstate the petitioner has not been complied with in letter and spirit, the present contempt petition has been filed.

2. The grievance of the petitioner appears to be with respect to non-payment of salary during the interregnum which is starting from the time in which she was denied permission to work followed by the order of dismissal and till date of reinstatement.

3. Though we are of the prima facie view that the petitioner is entitled for certain monetary benefits, the question for consideration is, by whom it has to be paid.

3. Unfortunately, we are under the contempt jurisdiction and the grievance of the petitioner constitutes separate cause of action. In such view of the matter, this contempt petition is closed. No costs. With the above observations, however giving liberty to the petitioner to come forward with a comprehensive prayer seeking appropriate relief, if so advised.

SD/- ASSISTANT REGISTRAR(COMM.CASES) smv //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Sm/02/07/2019 To, 1.The Principal Secretary, Government of Tamilnadu, School Education Department, Fort St. George, Chennai - 600 009.

2.The Joint Director of School Education (Higher Secondary), Chennai - 600 006.

3.The Chief Educational Officer, Office of the Chief Educational Officer, Coimbatore.

4.The District Educational Officer, Office of the District Educational Officer, Pollachi.