K.M.Chinnasamy v. Nandakumar Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE in W.P.No.27330 of 2022 K.M. Chinnasamy ... Petitioner Vs.

Nandakumar I.A.S.

The Commissioner / Director of School Education, DPI Compound, College Road, Chennai - 600006.

... Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for having committed contempt of the order passed by this Court in W.P.No.27330 of 2022 dated 13.10.2022 by not implementing the order.

For Petitioner :

M/s.R.S. Anandan Shakila For Respondents :

Ms. P. Rajarajeswari Government Advocate

ORDER

This contempt petition has been filed for the alleged disobedience of the order dated 13.10.2022 passed by this Court in W.P.No.27330 of 2022. This Court, in the aforesaid order, directed the Director of School Education 1/4

to pass final orders on the petitioner's representation dated 22.02.2021, seeking for his appointment to the post of P.G. Assistant in Botany in Erode District on merits and in accordance with law in the light of the order passed in W.P.No.20896 of 2008 dated 23.03.2009 and confirmed in W.A.No.2427 of 2010 dated 19.04.2013 within a period of twelve weeks from the date of receipt of a copy of the said order.

2. Pursuant to the said direction, the Director of School Education has passed orders on 25.03.2023 in compliance with the directions issued by this Court on 13.10.2022 passed in W.P.No.27330 of 2022. Admittedly no positive direction was issued by this Court in its order dated 13.10.2022 passed in W.P.No.27330 of 2022 to the Director of School Education to issue appointment orders in favour of the petitioner. The Director of School Education has passed final orders on 25.03.2023, rejecting the petitioner's request for issuance of appointment order in his favour. If aggrieved by the same, the petitioner has to necessarily file a fresh writ petition, challenging the said order in the manner known to the petitioner under law. 2/4

3. Since no positive direction was issued by this Court to the Director of School Education to issue appointment orders in favour of the petitioner, as requested by him in his representation, the question of treating the respondents in this contempt petition as violators of the order dated 13.10.2022 passed in W.P.No.27330 of 2022 does not arise.

4. In view of the same, this contempt petition is closed. However, liberty is granted to the petitioner to file a fresh writ petition, challenging the final order dated 25.03.2023 passed by the Director of School Education in the manner known to the petitioner under law. 16.04.2025 Index : Yes/No Speaking Order : Yes / No ab To The Commissioner / Director of School Education, DPI Compound, College Road, Chennai - 600006.

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ABDUL QUDDHOSE. J., ab in W.P.No.27330 of 2022 16.04.2025 (1/2) 4/4