Madras High CourtCONT P/1063/2019dismissed

S.Thamilarasi v. V.Anbuselvan I.A.S

2019-07-04Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.1063 of 2019 S.Thamilarasi ..

Petitioner -vs1. V.Anbuselvan, I.A.S., Collector Cuddalore District Cuddalore

2. K.Manivannan, I.A.S., Secretary to Government Social Welfare and Nutritious Noon Meal Department Chennai 600 009 .. Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 21.6.2011 made in W.P.No.24391 of 2010.

For Petitioner ::

Mr.G.Ramakrishnan For Respondents ::

Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

This contempt petition has been filed complaining the non-compliance of the order stating that the petitioner has been working for more than ten years as Helper in the Chief Minister's Noon Meal Scheme on consolidated basis in Keel Orathur Village in Mangalore Panchayat Union of Cuddalore District. She is a widow and it stated that at the time of joining as Helper, she did not pass the Tenth Standard. As she has put in ten years of experience as Helper, she became eligible for promotion to the post of Noon Meal Organizer. Similarly, K.Usha, who also joined as Cook in the year 1998, had not passed Tenth Standard, but has acquired more than ten years experience. Therefore, both of them came to this Court with W.P.Nos.24391 & 24392 of 2010 seeking a prayer for issuance of writ of certiorarified mandamus, calling for the records of the second respondent relating to the impugned G.O.Ms.No.163, Social Welfare and Nutritious Noon Meal Department dated 18.8.2010, quash the same with a direction to the respondents to promote them as Noon Meal Organizers in the respective centres.

2. When K.Usha came up before this Court with Contempt Petition No.861 of 2019 for non-compliance, this Court dismissed the said contempt petition by order dated 26.6.2019, on the ground that as she has not passed the

Tenth Standard, she cannot aspire for the promotional post. Since the petitioner S.Thamilarasi has also not passed the Tenth Standard, she is not eligible to be considered for promotion. In view of the fact that the petitioner has not passed the Tenth Standard, no contempt is made out. Accordingly, the contempt petition stands dismissed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //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.

Mv/18/07/2019