N.Sakthivel v. Dr.Rupa Gunaseelan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Cont.P.Nos.1133 and 1135 to 1146 of 2024 N.Sakthivel ..
Appellant in Contempt Petition No.1133 of 2024 V.Hemamalini ..
Appellant in Contempt Petition No.1135 of 2024 N.Shanmugha Vadivu ..
Appellant in Contempt Petition No.1136 of 2024 V.Suvinthra ..
Appellant in Contempt Petition No.1137 of 2024 C.Dhayanand ..
Appellant in Contempt Petition No.1138 of 2024 C.Kapildev ..
Appellant in Contempt Petition No.1139 of 2024 M.Gnanadesigan ..
Appellant in Contempt Petition No.1140 of 2024 K.G.Padmasine ..
Appellant in Contempt Petition No.1141 of 2024 G.Vinoth Kumar ..
Appellant in Contempt Petition No.1142 of 2024 K.M.Saradhadevi ..
Appellant in Contempt Petition No.1143 of 2024 V.David Arputha Raj ..
Appellant in Contempt Petition No.1144 of 2024 S.N.Karthick ..
Appellant in Contempt Petition No.1145 of 2024 R.Nithya ..
Appellant in Contempt Petition No.1146 of 2024
Vs.
Dr.Rupa Gunaseelan, The Registrar, Bharathiar University, Bharathiar University Post, Coimbatore - 641 046.
..
Respondent in all Contempt Petitions Common Prayer: Petitions filed under Section 11 of the Contempt of Courts Act, against the alleged disobedience of the order dated 23.06.2023 in W.A.No.498, 502, 497, 500, 503, 496, 507, 474, 505, 499, 504, 506 and 501 of 2023. For the Appellant in all Contempt petitions : Mrs.Kavitha Nithyanandan For the Respondent in all Contempt Petitions : Mr.K.J.Parthasarathy COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) These Contempt Petitions have been filed for the alleged disobedience of the order dated 23.06.2023 passed by this court in W.A.Nos.498, 502, 497, 500, 503, 496, 507, 474, 505, 499, 504, 506, and 501 of 2023.
2. When these Contempt Petitions were taken up for hearing, the learned counsel appearing for the respondent University submitted that the order of this Court dated 23.06.2023 has been complied with. In support of the same, he has produced a copy of the order dated 10.05.2024, the relevant passage of which, is extracted hereunder:
"Further the procedure has to be followed as enunciated under the Bharathiar University Acts and Statutes. After, the term period is over, a committee has to be constituted, and direct absorption/regularization of the post is not possible. Only after conducting interview and depending on the performance of the individual they will be selected. Further, the selection itself is tainted with allegations of corruption against the former Vice Chancellor Dr.A.Ganapathy who appointed the subject mentioned appellants as Contract Assistant Professors on consolidated pay salary for tenure period. The Vice Chancellor was arrested and thereafter the DVAC conducted an enquiry and registered as regular case and the same is pending. As per the Vice-Chancellor's committee order dated 13.09.
2023, the Director, Directorate of Vigilance and Anti-Corruption (DVAC) has requested to issue the Vigilance clearance report for the faculty members appointed under the UGC XII plan period. In this regard the reply received from the Director, Directorate of Vigilance and Anti-Corruption (DVAC) has stated that, the documents and records related to the recruitment of 13 faculties under the UGC XII plan are also being scrutinized and connected witnesses are being examined, the University cannot proceed further in this regard till the disposal of the DVAC case. Thus, your request for regularisation of your service from the date of appointment and pay revision as per the norms as claimed in your representation dated 22.04.2024 is rejected."
3. The learned counsel for the petitioners has fairly conceded the above submissions made by the learned counsel for the respondent University. However, she sought liberty to the petitioners to challenge the order so passed by the respondent.
4. Recording the submissions so made by the learned counsel on either side, these contempt petitions stand closed, leaving it open to the petitioners to redress their grievances in the manner known to law. (R.M.D., ACJ.) (M.S.Q., J.) 14.06.2024 Index :
Yes/No :
Yes/No r n s
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
r n s Cont.P.Nos.1133 and 1135 to 1146 of 2024 14.06.2024