R.Raja v. Thiru. T.Ganesha Murthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR CONTEMPT PETITION No.646 of 2020 R.Raja ... Petitioner Vs.

1.T.Ganesha Murthy, Chief Educational Officer, Salem District, Salem.

2.M.Rajagopal District Educational Officer, Salem Rural, Salem District.

3.K.Sivashanmugam, Secretary, Velasamy Chettiar Higher Secondary School, Omalur 636 455, Salem

...Respondents

PRAYER : Petition filed under Section 11 of contempt of courts Act,1971, to punish the respondents for willfully disobeying the orders passed in the writ petition in W.P.No.14096 of 2019 dated 26.06.2019. 1/5

For Petitioner :

Mr.G.Sankaran For RR1 & R2 :

Mr.K.M.Ravi kumar Government Advocate For R3 : Mr.Geo. J.Akash for M/s.Isaac Chamber

ORDER

This contempt petition is filed alleging violation of the order passed in W.P.No.14096 of 2019 dated 26.06.2019. It is brought to the notice of this Court that, against the order dated 26.06.2019 passed in W.P.No.14096 of 2019 an appeal was filed in W.A.No.2859 of 2019 came to be filed by the respondents and the order passed by the learned Single Judge was confirmed by the learned Division Bench of this Court by an order dated 19.02.2020, passing the following order: ''6.In the said circumstances, the direction given by the learned Single Judge does not suffer from any legal or factual infirmity. We, therefore, uphold the judgment of the learned Single Judge and dismiss this writ appeal. An interim order was 2/5

passed on 27.08.2019, which is also hereby discharged. We, further, direct the management of the Institution, where the respondent petitioner is working as a B.T.Assistant teacher, to consider his claim for promotion as a P.G.Assistant(Physics) teacher within a period of fifteen days and in the event the management proposes such a promotion, the same shall be considered by the appellant in accordance with law and appropriate order shall be passed within fifteen days thereafter.''

2.Complaining about the inaction on the part of the respondents in complying with the above order the present contempt petition has been filed. It is brought to the notice of this Court after filing the contempt case, the 3rd respondent herein passed an order dated 03.09.2020 rejecting the claim of the petitioner for promotion. Aggrieved by the said order dated 03.09.2020, the petitioner herein has already filed W.P.No.13703 of 2020, before this Court and the same is pending for consideration.

3.In the light of the order passed by the 3rd respondent dated 3/5

03.09.2020 it cannot be stated that the respondents have in any way violated the order passed in W.P.No.14096 of 2019 as confirmed in the W.A.No.2859 of 2019. Hence, the contempt case is closed.

4. Accordingly, this contempt petition is closed. 03.07.2024 vsn To 1.T.Ganesha Murthy, Chief Educational Officer, Salem District, Salem.

2.M.Rajagopal District Educational Officer, Salem Rural, Salem District.

3.K.Sivashanmugam, Secretary, Velasamy Chettiar Higher Secondary School, Omalur 636 455, Salem 4/5

MUMMINENI SUDHEER KUMAR, J.

vsn CONTEMPT PETITION No.646 of 2020 03.07.2024 5/5